Indian Penal Code, 1860, Section 376(2)(f), 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 12 -- Rape of minor girl - Two separate incidents on two different dates - Victim was raped by accused in her residence on the first incident and she sustained injury in her private part - Medical evidence corroborated said injury - However, said..........
Indian Penal Code, 1860, Section 376(2)(f), 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 12 -- Rape of minor girl - Quantum of sentence - Accused awarded life imprisonment for commission of offences in question - No factor to award maximum sentence indicated by Trial Court - Sentence of life imprisonment held, reduced to R.I of 10 years..........
Indian Penal Code, 1860, Section 436, 34 -- Mischief by fire - Five persons including accused were mentioned in complaint but charge sheet was filed only against accused Nos.1 to 4 - Material contradictions in oral evidence adduced on behalf of prosecution - Except interested testimony of PWs 1 to 3, no other independent person is examined as a direct witness to incident -..........
Indian Penal Code, 1860, Section 393 -- Robbery - Evidence on record shows that all the accused were jointly concerned in commission of crime - Even though each accused may not be concerned in causing of injury on PW7, but recoveries effected at the time of apprehension and arrest which was soon after the occurrence, would make them liable independently of knowledge or its..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 9 -- Attempt to murder - Non-conducting of Test Identification Parade (TIP) - PW7 suffered a fire arm injury at the hands of accused - He has given detailed sequence of events - Complainant also deposed on similar lines as PW7 - It was complainant who chased and apprehended..........
Indian Penal Code, 1860, Section 323, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Jab on shoulder of student by teacher - No mark of violence or injury on the body of minor child - Chastisement was done in good faith for the benefit of the child - Parents, teachers and other persons in loco parentis are entitled as a disciplinary measure to..........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Nature of offence - Murder - Accused had used farsis, jellis while attacking the complainant party, therefore, they had intention to kill family members of the complainant - Case falls u/s 304 Part-I IPC - Conviction altered from S.302 IPC to S.304 Part-I IPC...........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Nature of offence - Murder - No premeditation of accused in inflicting injuries on deceased - Conviction of accused modified from S.302 IPC to S.304 Part-I IPC and sentence awarded to accused reduced to period already undergone by him...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of container and other articles - Recovery made after 7 days that too after registration of FIR - Even pursuant to proceedings u/s 174 Cr.P.C, no recovery made by police - Witness of recovery not supported prosecution case - Possibility of container available at the place of occurrence for 7 days becomes doubtful..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Accused and deceased were alone at the place of incidence (residence) and it was exclusively in possession of accused - Accused contended that he was out of place at the relevant date due to property dispute - However, no plea of alibi was taken by accused in his statement..........
