Indian Penal Code, 1860, Section 368 -- Abduction - Prosecutrix aged 18 years - Accused and prosecutrix were known to each other - Co-accused took the prosecutrix to the house of accused and kept her there for about 2 days - Accused never tried to get free the prosecutrix from the clutches of co-accused - Offence of rape was committed by co-accused with the knowledge of..........
Evidence Act, 1872, Section 24 -- Extra-judicial confession - Can be made basis of conviction of accused if it: (i) is made voluntarily; (ii) inspires confidence; (iii) is corroborated by chain of cogent circumstances and prosecution evidence; and (iv) does not suffer from any material discrepancies and improbabilities...........
Indian Penal Code, 1860, Section 457, 380 -- Offence u/ss 457, 380 IPC - Three different stories regarding recovery of articles on record - Whole prosecution story based on recoveries made from accused but no recoveries proved as per law nor it was established that recovered goods were same which were stolen - Prosecution failed to discharge its duty to prove offences..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Appeal against conviction - No investigation was conducted with regard to origin and destination of contraband - Owner of truck was also not proceeded u/s 25 of NDPS Act - No proceeding for confiscation of truck were taken - Only independent witness was disbelieved and was held to be stock..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Recovery of 40 bags of poppy husk - Non production of muddamal, sample in Court, no, deposit of sample in Malkhana, no explanation as to where sample remained for one month, are infirmities which go to root of case - Conviction and sentence set aside - Accused acquitted...........
Criminal trial -- Last seen together and absence of satisfactory explanation - In the absence of proof of other circumstances, the only circumstance of last seen together and absence of satisfactory explanation cannot be made the basis of conviction...........
Indian Penal Code, 1860, Section 304 -- Nature of offence - Conviction u/s 302 IPC - Offence was committed pursuant to sudden fight pertaining to repayment of borrowed money - There was no pre-meditation on part of accused - Neither act of accused was cruel nor unusual manner as single solitary blow was inflicted in heat of passion with concrete slab weighing 50-55 kgs..........
Indian Penal Code, 1860, Section 326, 147, 148, 149, 427, 506 -- Offence u/ss 326, 147, 148, 149, 427, 506 IPC - Property dispute - None of PWs named the present accused as the persons who assaulted any person belonging to complainant party - Injured witness only named accused `M' (since deceased) - Material contradictions and inconsistencies in the testimony of public..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Compliant filed before expiry of 15 days - Cannot be treated as legally constituted complaint in the eyes of law - Proceedings initiated on the basis of such pre-mature complaint liable to be quashed - Conviction set aside...........
Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - Prior enmity between parties - Complainant was aggressor party - Accused also received injuries on their person in this very occurrence - True genesis of occurrence withheld by prosecution from Court - Inconsistencies and contradictions in statements of injured witnesses found - Recovery of axe and sticks..........
