Indian Penal Code, 1860, Section 376, 328, 120B, 34 -- Rape - Allegation that husband of prosecutrix used to give her sedatives and permit accused to make physical relationship with her - Incident occurred when prosecutrix discovered accused lying beside her after she regained consciousness - However, no explanation given by prosecutrix as to why complaint was lodged after..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 148, 149, 323, 328, 452, 506 -- Anticipatory bail - Offence u/ss 148, 149, 323, 328, 452, 506 IPC - FIR does not specifically show that it is petitioner, who had caused grievous injury, although he is specifically named in FIR - Fit case for grant of anticipatory bail - Bail granted...........
Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506 -- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix - Prosecutrix..........
Criminal Procedure Code, 1973, Section 328, 329 -- Trial of case - Accused suffering from unsoundness of mind - Commencement of trial without recording medical evidence or satisfying himself or recording a finding on material placed before him will vitiate trial...........
Criminal Procedure Code, 1973, Section 328, 329 -- Trial of case - Accused suffering from unsoundness of mind - Accused was suffering from Schizophrenia - Trial Judge did not permit accused to let in any evidence to prove factum of unsoundness of mind - Neither Superintendent nor treating doctor examined as a witness in Court - Procedure adopted by Sessions Judge from..........
Indian Penal Code, 1860, Section 328, 427, 506 -- Offence u/ss 328, 427, 506 IPC - Revision against acquittal - Accused acquitted after oral and documentary scanning of evidence - Delay in lodging FIR is not the sole basis for acquittal - Trial Court analyzed the evidence and law in proper perspective and judgment does not suffer from any infirmity - Moreover, incident..........
Indian Penal Code, 1860, Section 328 -- Offence u/s 328 IPC - No evidence on record that any substance in the nature of poison or stupefying, intoxicating or unwholesome drug was administered to complainant - Mere oral words of complainant cannot suffice - No reliable or cogent evidence brought to Court to support the complainant about such offence - Summoning order for..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 328, 304B, 34 -- Summoning of additional accused - Offence u/ss 328, 304-B, 34 IPC - Petitioners though named in FIR but on completion of investigation petitioners found innocent - They were not sent up for trial - Case was fixed for arguments on behalf of prosecution - Application for summoning..........
Indian Penal Code, 1860, Section 302, 328, 201, 34 -- Double murder - Circumstantial evidence - Conduct of PW7, who is key witness of prosecution is unnatural and unbelievable and her testimony cannot be accepted - Contradictions and improvements found in evidence of PWs - Prosecution story inextricably mixed up with falsehood that separation of truth from falsehood is not..........
Criminal Procedure Code, 1973, Section 154, 227, Indian Penal Code, 1860, Section 376, 328, 323, 506 -- Discharge - Rape - Prosecutrix in her statement u/s 164 Cr.P.C. specifically narrated about first incident which was without her consent - Promise to marry was stated to be made at a much later stage - Even otherwise, trial Court was only required to consider whether..........
