Indian Penal Code, 1860, Section 295A -- Offence u/s 295A IPC - Book published in the year 1980 and FIR registered after a gap of 29 years, i.e. in the year 2009 and there is no allegation in the FIR that because of the publication any insult or attempt to insult the religions beliefs of the complainant or the people of his community was made or there was intention on the..........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 295A IPC - Book published in the year 1980 and FIR registered after a gap of 29 years, i.e. in the year 2009 - In the concluding part of book it is concluded that it is difficult to hold that Maharishi Balmiki was a dacoit - This part of publication..........
Indian Penal Code, 1860, Section 302, 324, 100 -- Murder - Right to private defence - Deceased were not armed with any weapon at the relevant time - Accused who were 7 to 8 in number having spear, axe and sticks thus, not entitled to right of private defence...........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Deceased had multiple stab wounds on the chest - It cannot be said that accused have acted at spur of moment without pre-mediation and accused did not take any advantage or acted in a cruel or unusual manner - It is not a case of single injury which one can infer on account of sudden fight - Presence of two..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Deceased was last seen by informant in company of accused - On the next day dead body of deceased was found - In the meantime nobody has seen deceased anywhere - There was nothing to show what happened with deceased and who murdered him - It cannot be said that crime could not..........
Protection of Children from Sexual Offences Act, 2012, Section 9, 10, Indian Penal Code, 1860, Section 341 -- Attempt to sexual assault by father upon his 7 years old daughter - Reduction of sentence - Victim herself appeared as PW1 and her evidence has proved, which was corroborated by evidence of PW6 and PW7 - Medical evidence also fully corroborated charge on accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail during pendency of appeal against conviction - Murder - Extra judicial confession made by accused and there is inconsistency between PWs regarding same - Recovery of dead body and other weapon of assault thereafter made at the disclosure statement of accused while in custody which..........
Indian Penal Code, 1860, Section 376 -- Rape - Onus is always on prosecution to prove each ingredient of offence alleged against accused and such onus never shifts on accused...........
Indian Penal Code, 1860, Section 376 -- Sole testimony of prosecutrix - Rape - Conviction can be based on sole testimony of victim of sexual assault without corroboration from any other evidence - Corroboration as a condition or judicial reliance on testimony of victim is not a requirement of law but a guidance to prudence under given circumstances...........
Indian Penal Code, 1860, Section 365, 366, 376, 307, 344, 34 -- Kidnapping and rape - Medical evidence not established that it was accused who is primarily responsible for committing rape and penetrative sexual assault on prosecutrix - Inconsistencies and discrepancies found in statement of prosecutrix, which makes case of prosecution fabricated and unreliable - Entire..........
