Indian Penal Code, 1860, Section 376 -- Rape - Corroboration is not sine qua non for conviction in a rape case, if evidence of prosecutrix does not suffer from any basic infirmity and `probabilities factor' does not render it unworthy of credence...........
Indian Penal Code, 1860, Section 376 -- Rape of nine years old girl by her cousin - Non-examination of aunt of prosecutrix - Accused is the son of aunt of prosecutrix - Nothing prevented accused to have examined his mother as his witness - Non-examination of aunt of prosecutrix cannot put against prosecution, in the light of evidence of prosecutrix and categorical findings..........
Indian Penal Code, 1860, Section 376 -- Rape of nine years old girl by her cousin - Prosecutrix was staying in her aunt house and was compelled to face the ordeal of sleeping with accused everyday night - Evidence of prosecutrix clearly established that accused was committing rape on her by penetration - Prosecutrix was reluctant to go back to house of her aunt and..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Allegation that accused kept on calling wife of deceased on her mobile and keep harassing her which allegations are supported by statements of mother and wife of deceased recording during investigation - Record shows that 3-4 days prior to suicide..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i)(l) -- Penetrative sexual assault on mentally retarded minor girl - Allegation levelled against accused of commission of sexual assault on mentally retarded victim stood corroborated from medical evidence - Evidence in the form of testimony of mother of victim,..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i)(l) -- Penetrative sexual assault on mentally retarded minor girl - Accused sentenced to undergo R.I of 15 years with fine of Rs.5000 u/s 6 of POCSO Act and in default of payment of fine to undergo 30 days S.I, which is upheld and merits no leniency - Trial Court..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149, 435, 148 -- Delay in lodging FIR - Murder case - Delay of 2 and half hours in lodging FIR - PW1 seeing her own son being brutally attacked, effect of incident on the mind of mother cannot be measured - Being saddened by death of her son, it must have taken sometime for PW1 to come out of..........
Indian Penal Code, 1860, Section 302, 149, 435, 148 -- Murder - False implication - Overt acts described by eye witness in FIR substantially corroborated by medical evidence - Testimony of eye witness cannot be thrown on the ground of minor contradictions between oral and medical evidence - Evidence of eye witness is cogent and consistent - Plea of false implication taken..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused/SPO in uniform gave kick blows to deceased with his shoes when deceased was lying on the ground - Eye witnesses to the incident clearly demonstrates and proves the guilt of accused - Medical evidence also supports prosecution case - Entire occurrence took place not at the spur of moment -..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 11 -- Murder of wife by husband - Plea of alibi - There is overwhelming evidence of PWs which establishes the prosecution case that the accused was at the place of occurrence and ran away therefrom soon after the incident - Moreover, accused unable to explain why he failed to render assistance to his..........
