Indian Penal Code, 1860, Section 392, 506, Evidence Act, 1872, Section 114 -- Robbery - Non-examination of material witness - Adverse inference - Complainant failed to produce his son as witness in presence of whom accused looted Rs.22,000 from him - Adverse inference has to be drawn against complainant - Moreso, contradictions were shown in the statement of eye witnesses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 342, 376D, 114 -- Bail - Gang rape - Consent by prosecutrix under intoxication - Prima facie while considering post rape conduct of prosecutrix and her physical condition, it appears that she did not want to have sexual intercourse - However, if at all prosecutrix consented to it, said..........
Evidence Act, 1872, Section 114 -- Adverse inference - If a party possesses best evidence/witness on any point, but does not produce the same, adverse inference will be drawn against him, that had such witness been produced, he would have deposed against the interests of such party...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 114 -- Cruelty - Demand of car - Allegation that father of complainant financed the car - Nothing on record that car was financed by father of complainant and from which bank or finance company - More so, father of complainant not produced in the witness box - Adverse inference drawn against prosecution for..........
Evidence Act, 1872, Section 114 -- Marriage - Presumption - Law presumes in favour of marriage and against concubinage when a man and a woman have cohabited continuously for a number of years - Where a man and a woman are proved to have lived together as husband and wife, the law will presume, unless the contrary be clearly proved, that they were living together in..........
Evidence Act, 1872, Section 114, 102, 103 -- Marriage - Presumption - Rebuttal of presumption - Burden of proof - Cohabiting continuously for a number of years and living together as husband and wife for number of years - There is presumption of marriage - Such presumption is rebuttable - Burden to rebut lies on the person who seeks to deprive the relationship of man and..........
Evidence Act, 1872, Section 114 -- Adverse inference - Recovery suit - Non-issuance of reply notice demanding payment, raises a very serious doubt on the stand taken in written statement as to no, supply of goods by plaintiff - Adverse inference against defendant's conduct drawn...........
Indian Penal Code, 1860, Section 392, 302, Evidence Act, 1872, Section 114 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments of deceased - Can lead to presumption that accused committed robbery, but charge of murder cannot be brought home unless there is some evidence to show that robbery and murder occurred at the same time i.e in the course of same..........
Indian Penal Code, 1860, Section 373, 34, Evidence Act, 1872, Section 114 -- Buying of minor for prostitution - Non-examination of material witnesses - Adverse inference - In the instant case, PW2 & 3 who were material witnesses did not support the prosecution story and declared hostile - Even, other material witnesses were not examined though they were readily available..........
Evidence Act, 1872, Section 114 -- Adverse inference - Will - Genuineness of Will has to be established by plaintiff - Merely because defendant has not given oral evidence to this regard, adverse inference cannot be inferred against him - Plaintiff cannot take advantage of the same...........
