Motor Vehicles Act, 1988, Section 166 -- Compensation - Major married sons of deceased who may also have independent income are entitle to compensation - Of course, in case where claimants include parents, widow and both minor and major children, fact that child is major and married and his own source of income would necessarily be taken into consideration while..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Bus hit by truck from behind - Manner in which accident took place and damage which resulted shows that driver of truck was either not driving truck in a fast speed or he had applied brakes and truck rammed into bus in slow momentum as only window panes of bus were broken and two passengers received..........
Indian Penal Code, 1860, Section 323, 325 -- Offence u/ss 323, 325 IPC - Accused gave beatings to PW2, PW3 and their mentally challenged son, as a result of which simple as well as grievous injuries were caused to them - Said injuries were duly proved by medical evidence - All the PWs are very candid, specific and straightforward and their versions appear to be trustworthy..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 29 -- Sexual intercourse - Presumption - Evidence on record proved that victim was minor at the time of incident - It is also proved on record that victim had undergone penetrative sexual assault by accused, as accused himself confessed the fact that he exploited the victim and for that he was ready to pay..........
Prohibition of Child Marriage Act, 2006, Section 12 -- Marriage of girl aged 14 years with the boy aged above 18 years - Marriage is an offence u/s 9 of the Act - Till the minor child attains the age of majority, parties are merely contracting parties and not husband and wife - Question of handing over custody of minor to boy does not arise, as he cannot claim to be..........
Indian Penal Code, 1860, Section 342, 376 -- Wrongful confinement and rape of 7 years old girl - Accused forcefully taken prosecutrix to his house and committed rape upon her - Doctor clearly stated that there was red colouration of the private part i.e. perineum - There was induration and abrasion and also there was a small tear in the hymen - It was further opined in the..........
Indian Penal Code, 1860, Section 376 -- Rape of deaf and dumb minor girl - Age of prosecutrix between 14 to 16 years at the time of incident - Accused committed rape on prosecutrix when she was alone at home - Father of prosecutrix saw accused running out of his house - Prosecutrix by way of gestures had explained the manner in which incident had occurred - She was capable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 15 kg charas - Accused was apprehended while carrying a huge quantity of contraband - Though independent witnesses were not available but statement of official witnesses inspires confidence and is trustworthy - Minor contradictions about place from where accused was apprehended and..........
Evidence Act, 1872, Section 3 -- Contradictions in testimonies of PWs - Minor contradictions are bound to come in criminal case when testimony of PWs are recorded after gap of sufficient time...........
Criminal trial -- Circumstantial evidence - Prosecution has to establish complete link in chain of circumstances compatible with guilt of accused ruling out possibility of his innocence - But if there is break in link of chain or minor doubt with regard to innocence of accused, benefit of doubt will be given to him...........
