Indian Penal Code, 1860, Section 302, 143, 147, 148 -- Murder - Unlawful assembly - Testimony of eye witnesses - PW1 and PW2 have spoken in one common voice that appellant was the one who stabbed the victim and that he succumbed to the injury caused by such stab - Medical evidence does support version of PW1 and PW2 - None of the discrepancies in the statements of PW1 and..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Extra judicial confession - PW19 who claims that deceased made an extra-judicial confession before him though declared hostile however prosecution relied upon a part of his testimony - Appellant had worked in PW19's shop only for five months and appellant was otherwise not known to PW-19 -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - PW24 stated that after he heard that his friend/deceased was injured, he rushed to the site and found that deceased was fully covered in blood, and he disclosed that appellant was the author of injuries - However, in the cross-examination, he denied having made such a..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses - Eye witnesses declared hostile - There is nothing in the evidence which could be relied upon by prosecution for connecting appellant with the murder of deceased - Appellant acquitted...........
Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - Prosecutrix herself stated that at one point of time family members of two had met to discuss about their marriage but nothing final could be reached regarding their marriage - It was only thereafter that FIR was lodged and that too after two years from the alleged incident which itself is suggestive of consensual..........
Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4, Indian Penal Code, 1860, Section 376(2), 328, 450, 354B -- Sexual assault - Love affair between victim girl and accused - Victim was 14-15 years old at the time of incident - She repeatedly refused to have a sexual intercourse with accused - However, accused had mixed some intoxicated element in the..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10, 8, Indian Penal Code, 1860, Section 354, 354A -- Offence u/ss 9(m), 10, 8 of POCSO Act and Ss.354, 354-A IPC - Victim on the date of offence was below 12 years of age - Accused has neither disputed birth date of victim nor birth certificates of victim - Victim narrated incident to her parents when..........
Indian Penal Code, 1860, Section 420, 468, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Cheating - Prima facie forging of documents and taking benefit of such forgery is established on record - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 324, 326, 148, 149, 506 -- Bail - Offence u/ss 323, 324, 326, 148, 149, 506 IPC - Accused has suffered incarceration of 3 months and 14 days - Trial of case is yet to begin - Grievous injury which attracted the offence u/s 326 IPC is not attributed to accused, coupled with the fact that one..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Requirement of active act or direct act which led deceased to commit suicide is absent - It cannot be said that accused with his acts pushed deceased into such a position to commit suicide - Mere fact that accused followed deceased while going to college, that itself is not sufficient to infer that such act..........
