Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Credibility of minor eye witness testimony - If evidence of solitary eye witness is clear, cogent, trustworthy and above board, same can be acted upon - Evidence given by minor remained same during cross examination and is getting corroboration from other evidence - Conviction..........
Indian Penal Code, 1860, Section 366A, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Victim had not seen the appellant prior to the incident - On receiving the phone call from appellant she went to bus stand to meet him - How victim identified the appellant is not forthcoming - Victim went with appellant to his village..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complicity of any person sought to be arrayed as an accused can be decided with or without conducting cross-examination of complainant and other PWs, and there is no mandate to decide the application u/s 319 Cr.P.C before cross-examination of other witnesses...........
Will -- Suspicious circumstances - Beneficiary of Will i.e. plaintiff was present at the time of execution of Will - Will appeared to be dubious document having been written on a piece of paper torn from a copy - Scribe of Will being close relative of testatrix does not know about age of testatrix - Plaintiff stated that testatrix was alright at the time of execution of..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may recall a witness for further examination or cross-examination invoking O.18.R.17 CPC where there exist any doubt on the issue stated by witness even after recording of statement of said witness...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Testimony of informant remained undemolished in the cross examination on the factum of incidence and is corroborated u/s 157 of Evidence Act by his fardbeyan recorded by police on the same day - There is no material to remotely suggest that informant had any reason to falsely implicate appellant -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 452 -- Bail - Rape - Victim was won over by accused on account of a long gap of two months and nine days between examination-in-chief and cross-examination and she resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - Considering the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Averments of wife in petition u/s 125 Cr.P.C qua act of husband neglecting her have totally gone un-rebutted - Arguments advanced by husband regarding non-reading of pleadings and cross-examination of wife is wholly misconceived and is liable to be rejected - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 333, 353, 504, 506, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Murder - Applicant is in jail since last 4 years - Serious allegations were made against applicant - Being a police officer he has misused the trust which has led to death of his colleagues - Trial is..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Legible copy of statement of victim recorded u/s 164 Cr.P.C shall be made available to accused before start of trial and said mandate should not be deferred till the examination of Magistrate who recorded said statement - Accused has a statutory right to use S.164 Cr.P.C statement..........
