Penal Code, 1860 — S. 34 — Requirements for Conviction with aid of S. 34
When a part of the evidence produced by the prosecution to bring the accused within the fold of S. 34 is disbelieved, held, the remaining part must be examined with…
Penal Code, 1860 — S. 411 r/w S. 24 — Receiving stolen property
The inevitable conclusion is that the prosecution has failed to establish that the appellant had the knowledge that articles seized from his possession are stolen goods. In Trimbak vs. State…
Penal Code, 1860— Ss. 302, 307 and 328 — When can Testimony of sole surviving victim not form the sole basis of conviction – when Other evidence coupled with such testimony, may provide sufficient basis for conviction
In this case of multiple murders, deposition of surviving victim, held, could not form sole basis of conviction, as in a number of statements recorded of such witness, name of…
Indian Penal Code, 1860; Section 180 – Code of Criminal Procedure, 1973; Section 162
No statement made by a person to a police officer in the course of any investigation under Chapter XII of the Cr.P.C., which is reduced to writing, is required to…
Penal Code, 1860 — S. 302-weak case of prosecution
In this case, deceased allegedly assaulted to death by two appellant-accused herein, father and son, using “tabal” and “axe”. Land dispute between appellants (Appellants 1 and 2) and deceased, was…
Penal Code, 1860 — Ss. 302 and 376 — Rape and murder of minor
Held, The fact remains that there was rape and murder of a 14 year old girl. The guilt of the appellant was proved beyond reasonable doubt on account of testimony…
Penal Code, 1860 — Ss. 302 and 376 — Rape and murder of minor alleged — Circumstantial evidence — Last seen theory — Requirements for invocation of S. 106 of the Evidence Act
Requirements for invocation of S. 106, Evidence Act, explained. Acquittal granted to a man sentenced to death for alleged rape and murder of minor girl. Held, We cannot shy away…
Penal Code, 1860 — S. 124-A : Quashing of proceedings
Direction for quashing of proceedings, after conducting mini trial, not justified, because, while exercising powers of quashing, High Court has to consider only the nature of accusations and allegations in…
Penal Code, 1860 — Ss. 302 and 201- circumstantial evidence
In this case, deceased was a taxi driver, who was strangulated to death by appellant-accused herein (original Accused 1) along with 4 co-accused, and after burying his dead body, they…
Penal Code, 1860 — Ss. 84, 86, 302 and 201 — When is Defence of insanity or mental incapacity available
The allegations against the appellant had been that on 03.05.2009, he took his two sons, aged about 9 years and 6 years, to Haiderpur Canal, strangulated them, and threw the…