Indian Penal Code, 1860, Section 419 -- Cheating by personation - Prosecution has not led any evidence as to how and in what manner I.O was cheated by accused by impersonation - Prosecutionfailed to prove case against accused u/s 419 IPC - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping - Rape of 14 years minor girl - Accused took prosecutrix to his room while she was returning from her school and raped her - School bag of prosecutrix was found lying in the verandah room of accused - Prosecutrix narrated the entire incident to her..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Nothing incriminating recovered from possession of five accused persons - No independent witness supported prosecution case - Only evidence against these accused persons was either their own confession or confession of co-accused, which is not..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Accused `K' was arrested along with 700 sheeps and some other animals and accused `P' was arrested at the instance of accused `K'- Property of seven deceased persons were also recovered from accused `K' - Accused `K' not claimed ownership of..........
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411 -- Abduction and murder of seven persons - Theft of 700 sheeps - Recovery of dead bodies - Accused `P' was arrested at the instance of accused `K'- Seven dead bodies of persons recovered at the instance of accused `P' from the well - It is not the case of accused `P' that he had seen someone else throwing dead..........
Indian Penal Code, 1860, Section 363, 376, 506 -- Kidnapping and rape - Age of prosecutrix was less than 18 years at the time of incident on the basis of School certificate - However, it is not clear as to how date of birth was got entered in school record - More so, prosecutrix had travelled with accused at different places and nothing has come on record as to why..........
Indian Penal Code, 1860, Section 363, 376, 506 -- Kidnapping and rape - Quantum of sentence - Keeping in view the age of accused as well as fact that prosecutrix is now married and having three children and also fact that accused is facing trial for the last more than seven years, sentence of accused is reduced from ten years to seven years - However, fine remains the..........
Indian Penal Code, 1860, Section 498A -- Word "Relative" has not been defined under IPC - However, it means any person related by blood, marriage or adoption...........
Indian Penal Code, 1860, Section 498A, 323, 506, 34 -- Offence u/ss 498-A, 323, 506, 34 IPC - Quashing of FIR against relatives of husband - Prima facie allegations are made against relatives of husband in FIR and in the police statement by witnesses for demand of dowry and harassment - Quashing of FIR at the initial stage is not appropriate, as triable case is made..........
Indian Penal Code, 1860, Section 363, 506 -- Kidnapping - Reduction of sentence - Lenient view - Appellant has no criminal background and is facing agony of trial since lodging of FIR and has undergone actual custody for a period of 10 months - More so, no minimum sentence is provided for offence committed u/s 363 IPC - Sentence reduced to period already undergone with..........
