Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - False implication - Compensation - All accused who were nomadic tribes are falsely implicated and roped in the case - Except one all of them are in jail since last 16 years - All of them facing sword of death penalty - Out of six accused..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Defective investigation - Direction issued to Chief Secretary, Home Department, State to enquire the matter and take departmental action against erring officers/officials, if those are still in service...........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - PWs consistently and cogently deposed about seeing victim last with accused and about accused running away from the spot immediately after the incident - No explanation much less any plausible explanation is forthcoming from accused as to when he parted with company of victim - In absence of any explanation,..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused had no criminal history and he was a B.Sc. student at the time of incident - Aggravating circumstance is that accused took advantage of his position in victim's family for committing offences of rape and murder, in as much as family of victim had trusted accused and sent child along..........
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Appreciation of evidence - As per evidence on record, accused was last seen together with victim as accused gave 1 rupee coin to victim and told one of the..........
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Death penalty - Rarest of rare case - Offence committed by accused though brutal and grave but does not warrant death sentence - As, accused is not a previous..........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 9 years old girl - Death sentence - Accused dragged girl aged 9 years into a sugarcane field, raped her and dumped her in a well - Cause of death according to medical evidence was signs of recent sexual intercourse with death due to drowning - Manner of commission of crime is extremely brutal - However,..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 3 -- Rape and murder of 3 year old girl - Death sentence - Based on circumstantial evidence - Ordinarily, it would not be advisable to award capital punishment in a case of circumstantial evidence - But there is no hard and fast rule that death sentence should not be awarded in a case of..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302 -- Rape and murder of 3 year old girl - Death sentence - Sentence of death should be awarded only in the rarest of rare cases, only if an alternative option is unquestionably foreclosed and only after full consideration of all factors keeping in mind that a sentence of death is irrevocable and irretrievable upon..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
