Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of victim - When the evidence of victim is convincing and medical evidence is corroborating with the version given by victim regarding the physical assault and also commission of rape, there is no necessity to seek corroboration from any independent witnesses - Conviction upheld...........
Indian Penal Code, 1860, Section 370(1)(2), 354, 342, Immoral Traffic (Prevention) Act, 1956, Section 4, 5, 6 -- Offence u/ss 370(1)(2), 354, 342 IPC and Ss.4, 5, 6 of Immoral Traffic (Prevention) Act - One out of four victims examined - She stated that she has no knowledge of accused and she never met with other victims - All the victims stated in their statement u/s 164..........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 5(m), 6, Indian Penal Code, 1860, Section 376(3), 376(2)(n) -- Aggravated penetrative sexual assault - Victim who was 10 years of age at the time of incident stated that accused repeatedly committed penetrative sexual assault on her - She was traumatized to such an extent that she had signs of mental..........
Indian Penal Code, 1860, Section 354, 34 -- Offence u/ss 354, 34 IPC - Framing of charge - Injured witnesses were initially abused and assaulted and firearm were used in that incident and thereafter when wife of injured `J' reached at the spot, she was molested and her clothes were torn away - Victim and injured witnesses supported the prosecution case - Charges rightly..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Framing of charge - All three accused had opened fire - In order to attract provisions of S.307 IPC, intention is important - There are grounds for framing charge u/s 307 IPC - Charge rightly framed against accused...........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Delay in filing the complaint has not been explained by prosecution - Doctor has opined that injuries are simple in nature - Name of accused is not shown in the wound certificate - If really the accused assaulted PW1 with his hands, as alleged by prosecution, he would have disclosed the name of accused before..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Except the evidence of PW1 that accused abused him and PW3 deposed that accused abused her, prosecution has not placed sufficient materials to prove the alleged commission of offence u/s 504 IPC - Accused acquitted...........
Indian Penal Code, 1860, Section 436, 304, 429, 34 -- Offence u/ss 436, 304, 429, 34 IPC - Previous land enmity between parties since 1984-85 - Accused allegedly lit fire on cowshed of informant resulting in death of his grand-daughter and one calf - Eye witnesses account given by them is believable, reliable and quite reasonable and there is no ground to disbelieve the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere lodging of complaint against husband for offence u/s 498-A IPC is not a cruelty - However, when said case ended in acquittal and wife did not prefer any appeal and husband was sent to jail during crime stage, it amounts to cruelty...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Contradictory evidence given by PWs regarding the fact that accused was being found on the floor in unconscious state with bleeding injuries - Prosecution has not brought on record any evidence that there were any injuries on accused or that he was treated in the hospital - Weapons used in the..........
