Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 305, Protection of Children from Sexual Offences Act, 2012, Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 305 IPC and S.21 of POCSO Act and S.3(2)(vi) of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506 -- Quashing of FIRs - Cheating - Offences in question are made out against accused as per contents of FIRs - Multiple FIRs have been lodged against accused in around four years by different businessmen leveling similar types of allegations - Whether the allegations in FIRs are..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against mother-in-law - Deceased was subjected to torture/cruelty by mother-in-law with regard to jewels - Father and mother of deceased fully supported the case of prosecution - Moreover, there is concurrent findings of facts recorded by both the Courts on harassment and torture by mother-in-law with regard to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against mother-in-law - Reduction of sentence - When an offence has been committed by a woman/mother-in-law by meting out cruelty to another woman i.e daughter-in-law, it becomes more serious offence - No leniency is required to be shown to accused - However, since the incident is of year 2006 and accused is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Deceased specifically stated in all the three dying declarations that accused her Devar after pouring kerosene oil on her set her on fire - However, no question was put by Naib Tehsildar in dying declaration Ex.P5 with regard to cause of incident - When no question..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Merely because there is some confusion regarding time of recording police statement and dying declaration Ex.P5, it cannot be said that it goes to root of prosecution case - Neither police statement nor said dying declaration can be discarded on account of minor..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Fitness certificate - Doctor had given the fitness certificate after examining the injured - Whether fitness certificate was written in the duty room or it was written in the ward itself, would not make much difference - More so, doctor and Naib Tehsildar are..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Plea of alibi - Accused pleaded that he had gone for doing labour work at the time of incident - However, accused has not examined any witness in his defence - Except bald statement of hostile witness/PW3, nothing on record to suggest that at the time of incident, accused was not present on the..........
Indian Penal Code, 1860, Section 302 -- Murder - Mere abscondance of accused after the incident may not be indicative of guilty mind, but if said aspect is considered along with other circumstances, then it may become a relevant factor...........
Indian Penal Code, 1860, Section 302 -- Murder - Non-examination of `B' who was first person to reach on the spot, by prosecution will not give any dent to prosecution case, when there are three dying declarations coupled with the fact that accused has not examined any witness to prove his plea of alibi...........
