Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Deceased was having blood Group `B' and blood stains found on Kurta, Pajama of appellant was also human blood `B' - Presence of appellant as inmate of Open Air Camp is established from record and on the fateful day deceased was on duty is also fortified from material available on record - No..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant suffered head injury with blood clot in brain and having blurry vision in left eye resulting in permanent disability of 40.70% as per medical examination by doctors - Disability determined as 40.70% as assessed by the doctor...........
Indian Penal Code, 1860, Section 304II, 294(b) -- Offence u/ss 304-II, 294(b) IPC - Evidence of projected eye witnesses to have witnessed assault is highly doubtful - No blood stain detected on wooden log used in assault by appellant as per forensic report - PW1 and PW8 took deceased to Hospital in a Auto travelled for some time, there is no blood stained clothes of both..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Blows delivered on head of deceased though with knowledge that it is likely to cause death, accused cannot be imputed with an intention to cause death or to cause a bodily injury likely to cause death - Bamboo lathi though seized, there is no reference to any blood stains having been found on..........
Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - Recognition of a person as son of another is not required to be determined through blood relation only and what is important is his recognition in the society as such...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Juvenile - Rape - Conduct of petitioner of repeatedly raping victim, cleaning the blood and threatening her not to reveal the incident to any person, showed that petitioner was aware of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - All PWs narrated incident consistently - Incident had not occurred on the spur of moment or as a result of sudden quarrel - Appellants committed crime in the room of deceased and door was bolted from inside - PW1 and PW3 with the help of others had pushed the door forcefully thereby opening it -..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Mere fact that wife conceded the request to undergo DNA test of child, still it was obligatory for Court to consider best interest of child - No one can be compelled to undergo blood test - Moreover, in case of a minor child, he is not capable of taking decision of agreeing to test or..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye witness/PW1 not supported by medical evidence - There is material discrepancies between ocular evidence of PW1 and injuries found in postmortem report - Appellants allegedly assaulted deceased with Laathi, which is hard and blunt object but injuries found on dead body during postmortem have been found..........
