Comments Off on Rape—Acquittal—Sexual inter-course by a man with his own wife and the wife being under 18 years of age, if more than one year has elapsed from the date of the commission of the offence—Court cannot take cognizance of offence u/s 376IPC.
Comments Off on Murder—Intention to Kill—Accused after giving only a single blow neither gave any other injury nor gave repeated blows—It cannot be said that the accused had an intention to cause death.
Comments Off on Indian Penal Code, 1860, S.457–House Trespass-Acquittal-Complainant contended that accused persons trespassed house of his father and took away the entire house hold articles, gold and cash
Comments Off on Indian Penal Code, 1860, S.302 & S.304-B–Murder–Acquittal–Dowry Death-Deceased was set ablaze after pouring kerosene on her-No direct evidence on record to prove that accused (husband) intentionally committed the murder of deceased
Comments Off on It cannot be said that the accused would take blood stained cemented pieces from the spot and conceal them somewhere and, thereafter, getting the same recovered-Disclosure statement not reliable-Accused acquitted-Evidence Act, 1872, S.27. (Para 6)
Comments Off on Disclosure Statement—Unless some distinctive mark is there or their use in the crime stands proved, recovery of common/easily available article cannot result in fastening any criminal liability upon any accused.
Comments Off on Culpable Homicide—Sudden Fight—The cause of the quarrel is not relevant nor is it relevant who offered the provocation but what is important is that the occurrence must have been sudden and unpremeditated and the offender must have acted in a fit of anger.
Comments Off on Identification of Accused—Incident happened at night in house of complainant–Identification of accused by eye witness in court for first time after 8 years of incident seems to improbable.
Comments Off on Indian Penal Code, S.302—Murder—Acquittal-Last Seen Together—As per prosecution, deceased being in the company of all the accused persons consumed liquor at home and thereafter, proceeded to have more in a nearby liquor shop,