Indian Penal Code, 1860, Section 376 -- Rape - Victim aged 14 years was set ablaze by accused after raping her - She died after 2 months of incident - Incident was witnessed by brother of victim PW5 through a slit in the door - Victim stated her in dying declaration that she made hue and cry on commission of rape and also being threatened that she would narrate the..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused set ablaze the victim immediately after committing rape on her and on being threatened that incident would be disclosed by her to her mother - Incident occurred on the spur of moment - Accused intended to kill deceased after committing crime so as to silence her - Doctor also stated that..........
Civil Procedure Code, 1908, Order 47, Rule 1, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Once error is found in order/judgment which is apparent on face of record and meets test of review jurisdiction, then there is no reason to feel hesitant in accepting such mistake and rectify the same...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prior concert between parties - Accused acted in furtherance of common intention - All accused came together and started abusing deceased and caused injuries to him by gunshot - Meeting of minds and common intention between accused in committing the murder of deceased established on record - Accused..........
Indian Penal Code, 1860, Section 302, 324, Evidence Act, 1872, Section 11 -- Murder - Plea of alibi - Accused pleaded that on the date of incident he was discharging his duties in school and was not present at the place of incident when occurrence took place - However, three injured eye witnesses assigned specific role as to how accused assaulted deceased who suffered ante..........
Indian Penal Code, 1860, Section 417 -- Offence u/s 417 IPC - No evidence on record to prove that there was any fraudulent or dishonest inducement of prosecutrix by accused to constitute an offence u/s 415 IPC - Accused cannot be convicted for offence of cheating punishable u/s 417 IPC as prosecution failed to prove all ingredients of said offence beyond reasonable doubt -..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - Insufficient evidence on record to prove the offence u/s 506 IPC against accused - Evidence of prosecution is neither believable nor reliable to bring home the charges levelled against accused - No offence u/s 506 IPC is made out against accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Not fatal to prosecution case, when there was no material on record to show or suggest that FIR was tampered or it was fabricated at a later date by ante dating it or delay in sending FIR was so vital to doubt the prosecution case...........
Indian Penal Code, 1860, Section 302, 326, 341, 147, 148, 149 -- Murder - Unlawful assembly - Common object - Eye witnesses to the occurrence cumulatively stated the specific role played by each one of five accused - All five accused ran away from the spot after causing severe injuries to deceased and injured witnesses - Motive for offence which resulted assault on..........
Service -- Compulsory retirement - Once charges levelled against delinquent employee are proved and appointing authority inflicts punishment (whether major or minor) keeping in view the entire service record of delinquent employee and all relevant factors relating to such employee, Courts are slow to interfere in the quantum of punishment and only in rare and appropriate..........
