Indian Penal Code, 1860, Section 302, 34 -- Murder - Serious contradiction in oral and medical evidence and medical evidence is not in conformity with oral evidence adduced by prosecution - No overt act perpetrated on any of accused - Story mentioned in FIR that accused demanded dowry from PW4 seems to be completely false - Dying declaration given to PW2 by deceased does..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault on daughter by her father - Testimony of complainant/mother of victim - Victim not supported prosecution case - Conduct of complainant in not reporting matter to police immediately, renders her testimony doubtful especially when victim has not supported prosecution..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Victim is aged about 7 years and accused is her father - She did not support prosecution and stated that her father/accused never indulged in any wrong act with her nor she had made any statement to police - Even, scientific evidence does not corroborates prosecution..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title and recovery of possession - Burden of proof to establish a title in the suit lies upon plaintiff, as this burden lies on party who asserts existence of a particular state of things on basis of which she claims relief...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of land would help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of Local Commissioner would result in creation of evidence in favour of plaintiff - Application allowed...........
Agreement to sell -- Specific performance - Once there is finding of fact on record that agreement in question has been proved on basis of evidence which has come on record and plaintiff has completed his part of agreement to sell, plaintiff has a right to seek specific performance of agreement to sell - Relief of specific performance rightly granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dispossession during pendency of suit - Dismissal of application on the round that no document has been filed to show dispossession - Such jurisdiction is to be exercised by trial Court after recording evidence - Amendment allowed. (Paras 8 & 9 (ii) Civil Procedure Code, 1908, O.6.R.17 - Amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Question as to whether pleadings made in application U.O.6.R.17 CPC are correct and reliable or not, can be adjudicated by trial Court only after recording of evidence...........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence of plaintiff - Five opportunities were granted to plaintiff by Trial Court in a hurried manner in one month's time - Matter got delayed due to filing of application U.O.7.R.11 CPC by defendant - Application allowed subject to payment of cost of Rs.10,000/-...........
Evidence Act, 1872, Section 8 -- Motive - Absence of motive - Not a ground to reject prosecution case, though such an absence of motive is a factor that weighs in favour of accused...........
