Indian Penal Code, 1860, Section 376, 354 -- Rape - Testimony of prosecutrix - If Court on facts finds it difficult to accept version of prosecutrix on its face value, it may search for evidence, direct or circumstantial, which would lend assurance to her testimony - Assurance, short of corroboration as understood in the context of an accomplice would do...........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Acquittal of co-accused - Recovery of licensed weapon of deceased from house of co-accused not established and despite being armed with double barrel rifle co-accused not used that weapon thus, possibility of false implication of co-accused cannot be..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - FIR was promptly lodged and injuries on person of deceased also shows use of more than one firearm injuries - Even, recovery of weapons from accused persons completely proved on record - Moreover, certain inconsistencies in version of eye-witness does..........
Indian Penal Code, 1860, Section 279, 304A, 338 -- Accident - Death of Motor biker in an accident with a cyclist - Offences u/ss 279, 304-A, 338 IPC lie against a cyclist - However, if a pedestrian is causing such an accident the offence u/s 279 IPC does not lie whereas other two offences lie...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Accused acquitted on the following grounds: (i) Motive set out by prosecution is weak; (ii) There is no recovery from accused; (iii) All the PWs who have deposed against accused are family members and hence their testimony cannot be relied upon; (iv) Other witnesses of fact did not recognize the miscreants thus..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Name of accused `R' not mentioned in dying declaration - Word `jeth' referred in respect of accused `R' was not proved as he was neither real brother of accused `B'/ husband of deceased nor his cousin - More so, no eye witness to corroborate that in dying declaration..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Death due to septicemia as a result of intensive burn - Allegation that accused persons put kerosene oil on deceased and set her ablaze - Deceased died after more than one month from the date of burning - Medical report shows that there was 40% burns and all burn injuries were on the lower body parts of deceased - If..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Demand of dowry - Demand of share in ancestral property cannot come under the purview of demand of dowry...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In the absence of proof that deceased was ever subjected to cruelty or harassment by accused, presumption of committing the offence u/s 306 IPC cannot be raised against accused...........
Evidence Act, 1872, Section 106 -- Dowry death - Burden of proof - Since no presumption could be raised taking recourse of provision of Ss.113-A, 113-B of Evidence Act and there is no charge u/s 302 IPC against accused, therefore, no question arises for accused to discharge the burden as required u/s 106 of Act...........
