Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376 -- Bail - Kidnapping and rape - Medical report of victim shows that she is major girl aged about 18 years - Statement of victim u/s 164 Cr.P.C shows that she is consenting party - Medical report of victim does not corroborate her statement recorded u/s 164 Cr.P.C. - Accused has no..........
Indian Penal Code, 1860, Section 376, 506, 384 -- Rape - Acquittal - Legality of - Prosecutrix although admitted her thumb impression on FIR, admittedly drafted by her advocate but she stated that she does not know the contents as application was written by her advocate according to his own will - She herself stated that false case against accused was filed due to enmity -..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 363, 367, 201 -- Rape and murder - Death sentence - Last seen evidence - Rape of 4 years old girl by 47 years old accused - Accused was seen by 5 PWs taking minor girl on his cycle and one of them was a shopkeeper from whom accused purchased chocolate for her - No contradictions in testimonies of these PWs - After committing..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 363, 367, 201, Evidence Act, 1872, Section 27 -- Rape and murder - Death sentence - Recoveries at the instance of accused - Accused led to discovery of dead body of deceased, place where he washed his clothes and stones smeared with blood as exclusively in the knowledge of accused - Blood on these recoveries was matched with..........
Evidence Act, 1872, Section 3 -- Last seen theory - Deceased died much earlier than deposed by witnesses - Evidence of last seen belied by medical evidence - Evidence of last seen, discarded...........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 504, 506 -- Voluntarily causing hurt and grievous hurt - Accused assaulted injured persons with lathis fitted with farsa - FIR lodged after 2-1/2 days and no explanation given for such delay - I.O not stated in his evidence that injuries sustained by injured were caused by accused persons - Infact injured had received..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased died due to rapture of spleen - No external mark of injury on dead body of deceased - Medical evidence contradicts last seen version - Mere recovery of cycle of accused at a distance of 300 meters from the place where dead body was recovered and recovery of playing cards at instance of..........
Indian Penal Code, 1860, Section 376, 341 -- Rape - Prosecutrix was 60 years old at the time of incident while accused was aged 17-18 years - Doctor who examined prosecutrix specifically stated that nothing was found to show that prosecutrix was subjected to sexual intercourse - Prosecutrix stated that her sari was torn in the incident but said sari was not produced before..........
Indian Penal Code, 1860, Section 300 -- Murder - Injury sufficient in ordinary course of nature - Proof of - Sufficiency of injury has to be proved by pure medical examination and opinion of doctor and it has nothing to do with fact whether accused had knowledge of its sufficiency or not...........
Criminal Procedure Code, 1973, Section 53, Indian Penal Code, 1860, Section 376, 317 -- DNA profiling test - Rape - Cheating - There is no legal bar for directing examination of accused by a medical practitioner at the request of police officer particularly for the purpose of DNA profiling test in the course of investigation for offences punishable u/ss 376 & 417 IPC -..........
