Indian Penal Code, 1860, Section 376 -- Rape - Absence of spermatozoa on body of prosecutrix - Does not negativate factum of rape...........
Indian Penal Code, 1860, Section 376 -- Rape of handicapped girl by her step father - Accused removed pant of prosecutrix while she was sleeping and committed rape upon her in absence of her mother - He gagged her mouth and threatened her that in case she told anybody about the occurrence, she will face dire consequences - Injuries were found on person and private parts of..........
Indian Penal Code, 1860, Section 376 -- Rape of handicapped girl by her step father - Quantum of sentence - Accused was none other than step father of prosecutrix - There happens to be no evidence on record regarding social, economic condition of prosecutrix, but in view of fact that she was handicapped and related to accused, accused does not deserve any sort of leniency..........
Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Abduction - Murder - Circumstantial evidence - Last seen evidence - Wife of deceased PW3, is the witness of last seen evidence - She stated that accused forcibly took her husband on motor cycle - However, no objection was made by PW3 nor she cried or came for rescue of deceased nor any request was made by her to accused..........
Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Abduction - Murder - Circumstantial evidence - Extra-judicial confession - FIR lodged after three days of incident - Material witnesses of extra judicial confession kept mum for three days and only after extra judicial confession made report to police - There is no corroboration of fact by independent witnesses to prove..........
Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Abduction - Murder - Circumstantial evidence - Recovery of purse and watch of deceased - Cannot be treated to be an evidence to connect accused with crime, as there was no disclosure by complainant/PW3 in her complaint that deceased was wearing watch and having purse - Recovery held, doubtful...........
Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Abduction - Murder - Circumstantial evidence - Motive of crime not proved - Dead body of deceased though recovered from canal but admittedly it was not recovered upon information of accused nor in their presence - Place of occurrence was already in the knowledge of police - Recovery of other articles not proved on..........
Criminal Procedure Code, 1973, Section 190(1)(b), 173(2), (8), Indian Penal Code, 1860, Section 420, 467, 468, 471, 431, 432, 120B -- Cognizance of offence by Magistrate - Police report - Further investigation - Even after submission of report, investigating agency may continue investigation and may submit supplemental report, as law does not mandate taking of prior..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 307, 336, 34 -- Quashing of FIR - Compromise - Offence u/ss 307, 336, 34 IPC - Occurrence took place over a petty issue and parties are residents of same village - Though complainant suffered a grievous injury on his head on account of gandasi blow, yet settlement arrived at during the course..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 471 -- Quashing of FIR - Compounding of offence - Offence u/ss 420, 471 IPC - Even though offence in question is no, compoundable, but High Court in exercise of its jurisdiction u/s 482 Cr.P.C. can quash such offence on the basis of settlement arrived at between parties - FIR quashed...........