Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim who was 16-17 years old at the time of incident stated that accused came inside the room in absence of her parents and ravished her after tied her mouth with dupatta - Accused threatened her not to disclose about act of accused to anyone..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix on the date of incident was not below 16 years of age - Statement of prosecutrix was fully supported by PW6, who stated that they had found prosecutrix in unconscious state soon after incident was committed - Nothing on record which can even remotely suggest that act was consensual - Accused rightly convicted -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - `Appropriate cases' in which anticipatory bail can be granted - Enumerated - However, instances analysed are not exhaustive and in more `appropriate cases' Court can consider grant of anticipatory bail to an accused after considering entirety of facts and circumstances of the..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - If witness resiles from his statement given by him u/s 164 Cr.P.C in trial Court, witness can be cross-examined by person, who calls him and trial Court may permit for putting any question on his earlier statement, which might be put in cross-examination by adverse party in terms of S.154 of Evidence..........
Criminal Procedure Code, 1973, Section 164 -- Statement of PW16 u/s 164 Cr.P.C - Rape and murder of 13 years old girl - PW16 resiled from his statement made u/s 164 Cr.P.C while deposing before Court - Prosecution was permitted to cross-examine him - PW16 stated in his cross-examination that his statement u/s 164 Cr.P.C was given under threat and coercion - Prosecution did..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of knife - Blood stained knife was recovered pursuant to disclosure statement of accused in presence of PW2 and PW3 - However, both PW2 and PW3 have stated in their evidence that police came with accused `R' and he dug out knife which was buried in the soil - Confession leading to a recovery of knife is..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of defendant - Substitution of LRs - Legal representatives of deceased defendant were not required to be brought on record as he was representing estate of his father/original defendant - Original defendant not chosen to contest the suit by filing written statement and his estate otherwise was adequately represented..........
Indian Penal Code, 1860, Section 304I, 100, Arms Act, 1959, Section 25, 27, Evidence Act, 1872, Section 105 -- Offence u/s 304-I IPC and Ss.25, 27 of Arms Act - Right of private defence - Plea of self defence never raised in statement u/s 313 Cr.P.C of accused nor same elucidated to PWs during cross-examination on behalf of accused by defence counsel - Even no evidence has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 328, 506 -- Bail - Rape - Allegation against father-in-law that he after giving some tablets which made prosecutrix unconscious did a wrong act with her and made objectionable videos and clicked her photographs - Issue with regard to contradiction of statement u/s 164 Cr.P.C and deposition..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Closure of right to file written statement - Defendant deliberately delaying adjudication of suit firstly by not filing written statement on record in time and thereafter by not appearing before trial Court - Explanation given by defendant for his non-appearance is that he was advised by counsel not to..........
