Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 447, 34 -- Two dying declarations - Murder - Deceased had given two dying declarations one before police and another before Magistrate and contents of both dying declarations are having material contradictions - However, there is no strong corroborative evidence, to support the claim of prosecution that..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Last seen evidence - Burden of proof - Allegation that deceased died due to strangulation by accused - However, accused reached home after the death of his wife/deceased - There is no evidence to prove theory of last seen together - Prosecution has not discharged the burden..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death by burning - Deceased died within seven years of her marriage inside matrimonial home - She was subjected to harassment and cruelty - Deceased suffered 100% burn injuries - No explanation given by accused for burning body of deceased for cremation in order to remove the evidence, which was already suffered..........
Civil Procedure Code, 1908, Section 89, Court Fees Act, 1870, Section 16 -- Refund of Court fee - Compromise - Compromise has been entered into between parties before Mediation and Conciliation Centre - Applicant is entitled to refund of Court fee...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Investigation was carried out and challan was presented - Total 22 PWs have been cited, however, no PW have been examined in the trial undertaken against petitioner after framing of charges -..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding - Absence of consent of complainant - Merely because Supreme Court quashed proceedings by invocation of power u/art 142 of Constitution, cannot be a reason for compounding an offence u/s 138 of N.I Act invoking power u/s 482 Cr.P.C and power..........
Indian Penal Code, 1860, Section 376(2)(1), 511, Protection of Children from Sexual Offences Act, 2012, Section 5(k), 9, 10 -- Attempt to rape - Accused with sexual intent hugged victim girl aged about 16 to 17 years from behind and that involved physical contact without penetration - Said act of accused i.e sexual assault is aggravated sexual assault, as victim is having..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 306, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Rape - Challan was presented - Total 22 PWs have been cited and culmination of trial will take its own time - Rival contentions as to whether petitioner has been falsely implicated as also the..........
Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Lifting of dhoti by accused to show his private part and then asking victim to measure his penis, would squarely attract S.11(1) of POCSO Act as well as S.509 IPC prima facie...........
