Indian Penal Code, 1860, Section 392, 397 -- Robbery - Stealing of mobile phone - Accused had lifted mobile phone from shop - However, there is no evidence that accused had stolen property by showing a knife - PW3 and PW4 are material witnesses to the incident - However, their testimony is inconsistent with each other - Testimony of PW5 also does not throw any light on the..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Penetrative sexual assault - Testimony of victim is wholly consistent with her statement recorded u/s 164 Cr.P.C - Description of incident by victim is unambiguous - Mere fact that she failed to narrate the fact that brother of victim was sent away by accused to buy something, does not in any manner..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction between complainant and DW2/husband of accused - Cheque issued by accused in discharge of DW2's liability to complainant - Liability of DW2 to complainant was at the most for an amount of Rs.30,000 - This is what was recorded in the agreement itself going by testimony of DW2, which fact..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused and deceased were brothers and there was an altercation between them just before the incident - Accused caused injuries to deceased in a sudden fight without premeditation - Testimony of sole eye witness/wife of deceased is variable with medical evidence with regard to scratch injury and..........
Service -- Dismissal from service - Allegation of sexual harassment - Testimony of complainant herself reveals that she know as to who scribbled offending words on her car - In her testimony, she herself states that petitioner and she were good friends - Even, while deposing before Inquiry Officer, neither there is any imputation qua petitioner by complainant nor even..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of eye witnesses fail to inspire confidence - Eye witnesses did not take injured to hospital and dead body of deceased was found in decomposed condition - If eye witnesses actually witnessed the incident, they would have taken deceased who was in injured condition to hospital for treatment - Incident reported to..........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Bomb blast - Testimony of two eye witnesses - Various contradictions were found in evidence of eye witnesses - Both these two eye witnesses are accused of indulging in arson and throwing bombs at the houses of various residents of same area - Prosecution is not fair..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Common object - Strong previous enmity between family members - All the accused are armed with lethal weapons came to spot - A1 to A-3 fired at deceased while PW2 was being assaulted by other one with a ballam - Object of accused cannot be bifurcated qua PW1 and deceased - Occurrence in question is supported by..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of material PWs for cross-examination - Rape case - Prosecutrix had appeared in trial Court on four occasions - She cannot be repeatedly re-summoned for cross-examination - But on one occasion prosecution was responsible for second appearance of prosecutrix because of first date of her examination-in-chief, accused..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Material contradictions between evidence of last seen witnesses - Last seen witnesses though knew that deceased was missing but did not inform PW1 or police to the presence and conduct of accused, despite..........
