Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Contradictory statements given by mother and sisters of deceased - Even, there is delay in lodging of FIR which has not been explained by the prosecution - Moreover, procedure contained in Village Administrative Officers Manual while recording extra-judicial..........
Indian Penal Code, 1860, Section 84 -- Legal insanity - Accused is not expected to prove legal insanity beyond doubt - Proof required is of mere preponderance of probabilities...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Can only be taken as defence during trial - Said plea cannot be taken for throwing out Final report, as standard of proof required is only by proof through preponderance of probabilities and not proof beyond doubt...........
Indian Penal Code, 1860, Section 376 -- Rape - If prosecution evidence taken in its entirety is convincing even in the absence of a medical evidence, an accused can be held as having committed the offence of rape...........
Indian Penal Code, 1860, Section 342, 376 -- Wrongful confinement and rape of 7 years old girl - Accused forcefully taken prosecutrix to his house and committed rape upon her - Doctor clearly stated that there was red colouration of the private part i.e. perineum - There was induration and abrasion and also there was a small tear in the hymen - It was further opined in the..........
Criminal Procedure Code, 1973, Section 306, 482, Indian Penal Code, 1860, Section 120B, 115 -- Bail - Acceptance of tender of pardon by petitioner - Offence u/ss 120-B, 115 IPC - Petitioner is a previous convict and he has more than two convictions in his credit - Second accused is also a previous convict, with whom petitioner developed acquaintance while undergoing..........
Indian Penal Code, 1860, Section 376 -- Rape of deaf and dumb minor girl - Age of prosecutrix between 14 to 16 years at the time of incident - Accused committed rape on prosecutrix when she was alone at home - Father of prosecutrix saw accused running out of his house - Prosecutrix by way of gestures had explained the manner in which incident had occurred - She was capable..........
Indian Penal Code, 1860, Section 308, 323, 325, 342, 365, 147, 148, 149 -- Charges in alternative - No sufficient evidence available on record to frame charge u/s 308 IPC - Charges u/ss 308, 149 IPC set aside - However, other charges are maintained...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Case based on circumstantial evidence - Exact date and time of occurrence is not supposed to be known to FIR maker...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 201 -- Disclosure statement - Murder case - I.O is not obliged to obtain signature of an accused in any statement attributed to him while preparing seizure memo for recovery of any article covered by S.27 of the Act - But if any signature has been obtained by him, there is nothing wrong or illegal about..........
