Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole..........
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 53, 30 -- Sentence - Sentence in default of payment of fine is not a sentence as contemplated u/s 386(b)(iii) Cr.P.C - Appellate Court is entitled to enhance fine and sentence in default of payment of fine and S.386 Proviso Cr.P.C not attracted...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113 -- Dowry death - Conviction - Appreciation of evidence - It is established on record that deceased and her sister were harassed for not bringing motor cycles in dowry - Statement of accused before Panchayat that harassment will continue, if demand is not fulfilled is against accused - Fact that..........
Indian Penal Code, 1860, Section 366A, 34 -- Kidnapping - Age of victim - Any minor girl below 18 years of age comes under definition of S.366-A IPC, and Majority Act also provides age of majority 18 years - So far as question of reaching puberty under Muslim personal Law is concerned, that is for the purpose of marriage only - Victim held, minor on the date of occurrence,..........
Indian Penal Code, 1860, Section 302 -- Murder of father by his own son - Motive of crime proved on record that accused had grudge against his father with regard to agricultural land - Evidence of PW2 and PW8 cumulatively established that accused had gone to agricultural fields where deceased had gone at night - Land of PW8 is adjacent to that of deceased - Evidence of PW8..........
Indian Penal Code, 1860, Section 302, 364 -- Murder - Conviction - Appreciation of evidence - No evidence on record to connect accused P and R with crime except the statements of main accused M and complainant B - Statement of B are not sufficient for recoding the findings of conviction - M being accused, his statement alone cannot be read against co-accused -..........
Indian Penal Code, 1860, Section 302, 324, 325, 452, 323, 149 - - Free and sudden fight - Both parties sustained injuries - Accused `R' caused head injury from blunt side of `farsi' which lead to death of deceased - No repeated blow was given - Thus, `R' did not cause injuries with an intention to cause death - In view of his individual act, `R' is liable to be convicted..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Applicability - Free and sudden fight - Accused party received seventeen injuries some were even by sharp edged weapon - Cross case registered - Complainant party was also convicted - It is a case of free fight between two groups which took place all of a sudden without common object to cause death - Thus, S.149..........
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 9 years old minor girl - Serologist report - It is expert opinion u/s 45 of Evidence Act and therefore, admissible in evidence without being marked an exhibit formally or being proved by oral evidence...........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154 -- Rape of 9 years old minor girl - Prosecutrix turned hostile and failed to identify accused in dock - It cannot be a relevant fact and reason for acquittal of accused, particularly when medical evidence fully corroborates the offence of rape committed upon prosecutrix...........