Indian Penal Code, 1860, Section 302, 394, 32 -- Murder and robbery - Recovery of Rs.1 lakh each from accused - Prosecution failed to prove that complainant and deceased were carrying Rs.5 lakhs cash in dicky of scooter and it was the very looted amount which was recovered from accused - Accused thus, cannot be convicted on basis of recovery of some cash - Accused..........
Indian Penal Code, 1860, Section 302, 394, 32 -- Murder and robbery - Identification of accused in Court room - PW1 has specifically and categorically admitted in cross-examination that it is incorrect that accused were known earlier - In that view of matter conducting of TIP was necessitated and it is not safe to convict accused solely on their identification by PW1 for..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of gun from co-accused was owned by accused - However, how weapon came into possession of co-accused and who used it has not been proved by prosecution - Recovery of gun held, not proved - Presence of accused in the place of occurrence is highly improbable - Inadequate evidence on record to implicate accused -..........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Offence u/ss 307, 147, 148, 149 IPC - Quashing of proceedings - Nature of injury is essentially simple in nature - All the four injured persons have turned hostile - If the trial continues, it would be difficult to ascertain as to who out of five accused had caused injury on the head - Proceedings quashed...........
Indian Penal Code, 1860, Section 304, 447 -- Offence u/ss 304, 447 IPC - Reduction of sentence - Incident occurred over a small cause of grazing of goats - No previous animosity between parties - More than 30 years elapsed - Sentence reduced to period already undergone...........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Indian Penal Code, 1860, Section 307, 325, 427, 504, 34 -- Attempt to murder - Delay in lodging FIR without any plausible explanation - Nature of injuries do not support prosecution case - PW1 who happens to be brother of injured could not prove his actual presence at the place of occurrence - Injured was taken to hospital far away from the place of occurrence despite..........
Indian Penal Code, 1860, Section 376 -- Rape - Sexual relationship between two willing adult partners will not amount to rape coming within purview of S.376 IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - A subsequent refusal to marry or failure to lead relationship into a marriage are not factors that are sufficient to constitute rape even if partners had indulged in a physical relationship...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n) -- Bail - Rape - On the pretext of marriage - Prosecutrix was aware that accused became acquainted with and got close to another lady with whom he is now engaged to marry - She stated that accused had conveyed to her that he does not intend to marry anyone - Prosecutrix also stated that..........
