Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(wi), 3(2)(VA) -- Bail - Kidnapping and rape - Prosecutrix stated in her statement recorded u/s 161 Cr.P.C that she went with accused of her own will and accused had not done anything wrong with..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Medical evidence - Death by throttling - Accused pleaded that deceased committed suicide - However, medical evidence shows the reference to nail clippings containing blood on the body of deceased - Several injuries were found on the body of deceased - Even, there were injuries on accused on the neck and..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Delay in lodging FIR - Rape case - FIR lodged after five days of incident - Sister of prosecutrix and her friend offered an explanation which is plausible one that families of accused and co-accused..........
Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Rape of 13 years old girl - Abetment - Prosecutrix proves to be child within meaning of S.2(1) of POCSO Act - Accused intentionally extended aid to co-accused to commit rape on prosecutrix as per evidence of PWs - When prosecutrix was pushed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Indian Penal Code, 1860, Section 420, 468, 471 -- Transportation of huge quantity of contraband - Order framing charges - Petitioner conspired in transporting huge quantity of Ketamine etc. along with other accused and sold the same by violating terms and conditions stated in license - He has not..........
Indian Penal Code, 1860, Section 149 -- Common object - Formation of an unlawful assembly with common object is basic ingredient for invoking S.149 of the Act...........
Indian Penal Code, 1860, Section 302, 325, 147, 148, 149 -- Murder - Common object - Unlawful assembly - Once formation of unlawful assembly at the time of committing offence is established, question of specific role of an individual member of assembly is rendered secondary - Prosecution, thus, need not prove any specific over act on part of each and every member of that..........
Indian Penal Code, 1860, Section 304(Part1), 302, 325, 147, 148, 149 -- Nature of offence - Deceased was brutally beaten black and blue with extensive injuries all over his body, including contusions, lacerated wounds and multiple fractures of various bones and ribs - Manner of execution of its object by assembly with dragging of deceased by legs and merciless thrashing,..........
Indian Penal Code, 1860, Section 302, 325, 147, 148, 149 -- Murder - Common object - Unlawful assembly - Deceased was brutally beaten black and blue with extensive injuries all over his body, including contusions, lacerated wounds and multiple fractures of various bones and ribs - Medical report supported ocular evidence - Manner of causing death of deceased makes it clear..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim herself followed accused and went with him in a public transport - No objection made by victim at any point of time - FIR lodged after gross and undue delay of 20 days for which no explanation is forthcoming - Omission in belated FIR that accused subjected to victim to sexual assault is far too significant to be..........
