Indian Penal Code, 1860, Section 376, 506 -- Rape - FIR lodged after 7 months of alleged incident of rape - Evidence of PW4 and PW5 not credible - Testimony of prosecutrix not corroborated by any other witness - Incident alleged to have taken place near a common path but no hue and cry allegedly raised by prosecutrix was heard by anybody - Accused cannot be convicted on..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - No overt act alleged against deceased by which it can be stated that accused was provoked - Provocation was voluntary on the part of offender - Such provocation cannot come to the rescue of accused to claim that he is not liable to be convicted u/s 302 IPC...........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Death of two persons - Injured eye witnesses proved that accident occurred due to rash and negligent driving of accused - No material on record to disbelieve their evidence - Accused rightly convicted - However, since accused undergone jail sentence for about 15 days and is ready to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 34 -- Quashing of proceedings - Compromise - Offence u/ss 323, 324, 506, 34 IPC - Landlord-tenant dispute - Matter was settled in compromise between parties in presence of injured persons - Sum of Rs.25 lakhs was paid by accused - Landlord-tenant dispute between parties stood..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Accused was not actually seen in the company of deceased any time soon before her death - Prosecution is guilty of concealing material witnesses from Court who had seen deceased jumping into canal and same cannot be casually discarded - Though injuries found on the private parts of deceased,..........
Evidence Act, 1872, Section 24, Indian Penal Code, 1860, Section 302, 34 -- Extra judicial confession - Murder - Accused made extra judicial confession before PW2 and stated that he and one person committed murder of deceased - However, PW2 is not a man of authority before whom extra judicial confession was allegedly made by accused - More so, in case extra judicial..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Motive attributed to accused that deceased had illicit relations with Bhabhi of accused - This fact is brought for first time in statement of PW11 during trial - Said fact has neither mentioned in statement made before police nor in FIR - Motive of crime thus, not proved on record - More so,..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 504, 120B -- Cheating - Forged Will - Quashing of proceedings - Civil suit regarding validity of Will in question is admittedly pending - Validity of factual evidence which is course of trial by trial Judge is not to be analyzed by High Court under exercise of inherent power u/s 482 Cr.P.C - Petition for quashing..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 20 -- Juvenile - Claim of juvenility - Offence u/s 304(Part II) IPC - Accused was a juvenile in conflict with law on the date of incident as per evidence available on record - He has undergone imprisonment for almost 3 years and he is nearly 51 years of age - Accused thus, released from custody on..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, Evidence Act, 1872, Section 32 -- Murder - Non-recording of dying declaration - There is no evidence on record to indicate that deceased had achieved degree of stable health which was good enough for her to have given a dying declaration - In such circumstances, non-recording of dying declaration of..........
