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Judgement |
| INDIAN PENAL CODE, 1860 |
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| INDIAN PENAL CODE, 1860 |
CrPC — S 378 —Appeal against acquittal — IPC — Ss 147, 148, 149, 504, 302, 307 — Bombay Police Act — Section 135 — Arms Act — Section 25(1)(A)(A) — Explosive Substance Act — Section 3, 4 & 5 —Charges under —Sole testimony by the complainant without any corroboration— Could not identify accused persons — Held, the learned trial Court has specifically given the finding that the prosecution has failed the unlawful assembly — formed with a common object — to commit the offence of rioting and to cause the death of deceased— Acquittal upheld. (Para 13) |
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| INDIAN PENAL CODE, 1860 |
Interpretation of Statute — IPC — S 294 — Constituting the offence under — Obscene act needs to be done in any public place and the same is also required to cause an annoyance to others — Similarly, if any person recites or utters obscene song, ballad or words, in or near any public place — causing annoyance to other. (Para 11) |
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| INDIAN PENAL CODE, 1860 |
Criminal Jurisprudence — Intention of Legislation — IPC — S 294 — Purpose of — the section is meant for punishing persons indulging in obscene act in any public place causing annoyance to others. (Para 11) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 294 — Scope & Application of — Places where obscene act is committed needs to be a public place & meant for use of public at large— Public must have free access to such place. (Para 13) |
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| INDIAN PENAL CODE, 1860 |
Interpretation of Statute — IPC — S 294— Term ‘Public Place’ — Interpretations of — The place where public have no right rather a lawful right to enter into, cannot be said to be a public place for invoking Sec 294 — for calling a place as a public place— It must be shown that public at large has a right to have free ingress to such place. (Para 13) |
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| INDIAN PENAL CODE, 1860 |
Interpretation of Statute — IPC — S 294— Term ‘Public Place’ — Interpretations of — Flat / apartment in building owned by some private person meant for private use of such owner cannot be said to be a public place. (Para 13) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 294 — Burden of Proof — the prosecution is obliged to make out that the obscene act were performed at a public place — or singing, recitals, or utterances of any obscene song, ballad or words were done in any public place. (Para 13) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 294 — Ambit of — Obscene act done in a private place — or viewed in privacy — is not covered by the provisions of section 294 of I.P.C. (Para 14) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 294 — Obscene acts and songs — Whoever, to the annoyance of others —(a) does any obscene act in any public place, or —(b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both. (Para 10) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 302 r/w 201 — Conviction under — Circumstantial evidence — case based on — Probable Time of death — no material on record to indicate — Presence of the accused — Not proved near the site of the incident during the relevant time — Held, presence of acused being one of the major links in the chain of circumstances —prosecution has failed in proving the guilt of the appellant — benefit of doubt —Acquittal. (Para 12) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 304 Part I —Conviction under —Appeal against — Appeal by State for enhancement of the sentence — Material contradictions — in the deposition of Eye Witness — Sole deposition of eye witness — Not corroborated by any other evidence — Injured witness — non supporting the case by — Place of incident — 7 feet wall — dark night — grass was put to fire — in whose flames the complainant had identified the accused persons —Held, very doubtful in absence of any other corroborative evidence —Acquittal. (Para 12.0) |
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