Indian Penal Code, 1860, Section 302 -- Grave doubt on the presence of two eye witnesses at the place of incident so as to have witnessed the incident - Conviction which rests of the testimony of the two witnesses cannot be sustained...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Accused and co-accused, belonging to one faction in village, way laid deceased and resorted to indiscriminate firing - Eye witness testified that accused fired bullet on buttocks of deceased which proved fatal - Co-accused also fired aiming at deceased - Some of eye-witnesses also sustained injuries and thus their..........
Indian Penal Code, 1860, Section 366A -- Rape - Age - Evidence of father that prosecutrix was 19 years whereas Doctor found that age was 17 years - Evidence of father relied and not of Doctor - Accused acquitted of offence under S.366A IPC...........
Indian Penal Code, 1860, Section 376, 366, 366A -- Abduction and rape - Prosecutrix above 18 years - Remained with accused for 10 days and travelled by train and tempo without protest and made no effort to seek help from others - Held, prosecutrix was consenting party - Failure to establish threat, coercion or inducement - Accused is not guilty of offence under Sections..........
Indian Penal Code, 1860, Section 113B, 302 -- Acquittal of accused u/s 302 IPC - Presumption u/s 113-B of Evidence Act does not stand automatically rebutted...........
Indian Penal Code, 1860, Section 304, Part I, 34 -- Incident happened all of a sudden when accused persons saw deceased - Having regard to the peculiar nature of the circumstances which led to the death of the deceased accused A7, A8 & A11 come within the ambit of offence punishable u/s 304 Part I read with S.34 IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix unmarried and 29 years of age - Her version that she was virgin but Medical evidence showed that she was habitual to sex - Accused acquitted on this ground and other infirmities such as no marks of violence on her body - No stains of semen on her clothes and delay of 2 days in lodging FIR...........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix - Can be the basis for conviction provided it is safe, reliable and worthy of acceptance - Victim is not treated as accomplice but could only be characterised as injured witness - It is also reasonable to assume that no woman would falsely implicate a person in sexual offence as the honour and..........
Indian Penal Code, 1860, Section 376 -- Rape - FIR - Delay - In view of social conditions prevailing in India there may be delay in giving first information of such an offence to Police - A rape victim may think seriously before giving the information to the police about rape as the onslaught of a social stigma may haunt her for life - Though the delay as such is not..........
Penal Code, 1860 -- Section 302/148 - Murder - Appeal against acquittal - Conviction of 'R - as ordered by trial court upset by High Court in appeal - Apart from oral evidence, the evidence of dying declaration was clinching so as to fully establish active involvement of accused 'R - - He was identified to have fired at the deceased which resulted in his death - Judgment..........
