Evidence Act, 1872, Section 30, Indian Penal Code, 1860, Section 489B, 489C -- Confession of co-accused - Fake currency notes - No recovery effected from residence of accused of counterfeit notes - Even there is no other material on basis of which even a strong suspicion could be aroused - It is only confession of co-accused which is against accused - In the absence of any..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Accused being annoyed with his brother/deceased on having been slapped by him, murdered him and after putting dead body in fishing net dumped it in the pond - Skeleton of deceased recovered at the instance of accused on disclosure statement u/s 27 of Evidence Act..........
Indian Penal Code, 1860, Section 302, 34 -- Murder of 5 persons belonging to same family - Death sentence - Solitary confinement - Prior to the rejection of mercy petition - Death sentence commutated life imprisonment...........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 3, 8 -- Murder - Circumstantial evidence - Motive attributed to accused proved on record - Version of PW1 has been duly corroborated by PW3 - Even, accused did not made any complaint that his extra judicial confession was obtained by coercion - Cause of death as per post mortem reports duly proved..........
Indian Penal Code, 1860, Section 320, 364, 201 -- Murder of 4 persons including 2 minor children - Death sentence - It has been proved on record that accused had planned murder of deceased persons - Case falls within the ambit of rarest of rare case - Death sentence confirmed...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Delay in FIR - Rape - Delay per se in lodging FIR may not be fatal in rape case - However, same would depend on the facts of each case...........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Neither parents nor any other witness have been examined by prosecution to show that prosecutrix was minor at the time of alleged incident - Infact evidence appears to be otherwise that prosecutrix was above 16 years of age and said fact is supported by doctor - Prosecution failed to prove its case -..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Evidence on record shows that accused and prosecutrix were out together that night and that prior to the incident, there were talks of their marriage and same was known to villagers - In this background, there is possibility of accused being falsely implicated for rape..........
Indian Penal Code, 1860, Section 295A -- Offence u/s 295-A IPC - Merely expressing of unpopular view - Not punishable under criminal law, unless it is proved that accused has done it in malafide manner...........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 468 -- Offence u/s 295-A IPC - Limitation - Book published in 1980 whereas FIR registered after a gap of 29 years of publication - FIR shows no explanation for delay in registration of FIR - Prosecution of petitioner barred as per S.468 Cr.P.C. - FIR quashed...........
