Criminal trial -- Purpose of trial - Trial is a fact-finding exercise where prosecution and defence, after investigation by competent authorities, present their versions of events and role and duty of Court to determine the truth - While undertaking such determination, Court is not only to look at evidence at hand but also ensure that all considerations balance demand for..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Capital punishment - Appreciation of evidence - Defence counsel absent on crucial occasions including examination-in-chief and cross-examination of PW-1 - Even, statement of PW-2 recorded without presence of defence counsel - Moreover, accused`s examination u/s 313 Cr.P.C was improper, inadequate and..........
Criminal Procedure Code, 1973, Section 24 -- Duty of prosecutor - Prosecutor must examine all angles, collect all relevant evidence and produce the same before Court for determination of guilt or lack thereof...........
Criminal Procedure Code, 1973, Section 237 -- Recording of evidence in presence of accused - Presence of accused`s counsel during recording of statement is necessary...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Evidence Act, 1872, Section 102 -- Burden of proof - Injunction suit - When suit is filed by plaintiff for injunction claiming that he is in possession, it is for him to prove that he is in possession of property on the date of filing of suit...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for damages and injunction - Plaintiff in his cross-examination admitted that he was in possession of key of lock which is locked to the gate of property in dispute - When such a fact is pleaded by plaintiff, it is for him to prove such a fact and defendant cannot enter into issue and ask for production of key -..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Statement of PWs - Mother of deceased/PW6 while deposing demand of dowry has not deposed to any particular act of cruelty or harassment by appellant - Essential ingredients of S.304-B IPC not made out from evidence of PW6 - Statements of bother of deceased/PW7 not contain any specific instance of..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Penetrative sexual assault - Determination of age - Admittedly, school admission record based on affidavit of uncle of prosecutrix who is not examined thus cannot be relied upon as conclusive proof - Even, prosecutrix and mother..........
Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Will - Once defendants had led their entire evidence to prove execution of Will, onus of which was on defendant No.1, then it was right of plaintiff to rebut the said evidence by leading rebuttal evidence...........
