Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Tractor along with accused, deceased and eye witness rolled down for 10-15 feet - No injury sustained by accused as per prosecution - Fact that accused had not sustained any injury in accident seems improbable - Further, prosecution not offered any explanation for the same,..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Eye witnesses to incident give divergent portrayal qua cause of accident - Even there are other auxiliary contradictions which render prosecution story tainted with doubts - Police recorded the statement of PW7/eye witness after delay of 6-7 days, which remained unexplained -..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - Birth certificate produced by Head Master of Government Middle School is not admissible into evidence, as it does not establish actual age of prosecutrix - It was mandatory for prosecution to produce primary school certificate as well as..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix categorically stated that she performed marriage with accused and only thereafter they developed physical relations being husband and wife - Offence of rape thus, not established...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Marriage between prosecutrix and accused - Prosecutrix categorically stated that neither accused had kidnapped her nor committed sexual intercourse with her prior to her marriage - She was medico legally examined after 9 days of her marriage - In these..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/s 304(Part II), 34 IPC - Evidence of injured eye witness - Presence of PW3 on the spot cannot be doubted, as medical evidence supports prosecution story including his injury report supported by post mortem report of deceased - Evidence of PW3 is reliable, believable and inspire implicit confidence as well as..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 304(Part II), 34 -- Statement of accused - Offence u/s 304(Part II), 34 IPC - Accused did not produce any evidence in support of his defence and made a bald statement - Involvement of accused established by injured eye witness - Accused rightly convicted...........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/s 304(Part II), 34 IPC - Reduction of sentence - Incident happened in 1995 - Alleged unfortunate incident took place between two group of young boys without any premeditation - Accused has no previous criminal record - He has served sentence of more than 3 years and five months - Considering nature of crime,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), 18, Indian Penal Code, 1860, Section 307 -- Juvenile - Attempt to murder - Accused was minor on the date of incident in question as per report of District and Sessions Judge - However, since the offence was committed in 2004, it is not appropriate to send petitioner to be dealt with by Board - Ends..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was below 16 years of age at the time of incident - Accused admitted that he took away prosecutrix, lived with her for a month and during that period he entered into sexual relationship with her - Though accused stated that prosecutrix consented for sexual relationship, however, since the..........
