Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C - Not a substantive evidence - It can be used to corroborate statement of a witness and to contradict a witness...........
Indian Penal Code, 1860, Section 341, 323, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 323, 34 IPC - Quashing of FIR - Acts alleged against accused are not trivial in nature - Nature of injuries and harm caused to complainant and his wife can only be ascertained after conclusion of trial and after appreciating evidence to be led by prosecution - At..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecution case for charge of rape cannot be thrown away only because prosecutrix is not examined when there is other reliable evidence supported by medical evidence...........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Mental disorder of prosecutrix - Prosecutrix was not examined before trial Court - No expert evidence on record to establish that prosecutrix was suffering from schizophrenia, a mental disease at the time of alleged offence of rape - Mere statement of police officer about mental condition of prosecutrix is not any way..........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Medical evidence not supported the prosecution case - No injury was found in private parts of prosecutrix - Prosecutrix narrated the incident to her grandmother - However, grandmother of prosecutrix not examined - There is no evidence of prosecutrix on record - C.A report about vaginal swab of prosecutrix found to be in..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Neither any medical evidence nor scientific evidence was available to corroborate the case of victim - No visible marks of violence were present on external part of body of victim or on sexual organs - Moreso, no hue and cry raised by victim after accused left her house - Father of victim was neither cited nor examined as..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 6, 8, 12 -- Defence evidence - Allegations under POCSO Act - Court could not have rejected the application for adducing defence evidence on the specious plea that burden is on prosecution to prove the case beyond all..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When the Photostat copy of document in question is already on record and plaintiff himself produced the same on record and said document is registered sale deed, genuineness of which is not in doubt, Appellate Court rightly allowed the application U.O.41.R.27 CPC...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and rape - Sole testimony of prosecutrix - Incident occurred when prosecutrix and her husband were in fields to cut grass - However, husband of prosecutrix has not extended any substantial support to version of prosecution - Prosecutrix stated that she remained silent during the incident because she was..........
