Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Petitioner is residing in USA - Time gap of 12 hours in two countries - There will be difficulty in approaching Public Authority at night time to allow Video Conferencing - Petitioner allowed to be examined by way of Video Conferencing through Mobile or Computer on an..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix stated that she was beaten before she was raped and as a result she suffered an injury - However, said fact is belied by Doctor PW11 - Further prosecutrix stated that she reported incident to chowkidar on the same night, but such chowkidar was not produced - FIR lodged after 3 days of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Dismissal of claim petition - Only witness examined by the claimants to prove the accident being the result of rash and negligent driving of respondent has only stated that driver was driving the truck on wrong side but does not explain as to on which side the truck was being driven an how it was on wrong side in..........
Indian Penal Code, 1860, Section 96 -- Private defence - There was right of private defence because complainant party illegally entered into land of accused in dark night with a habitual offender - Due to free fight occurrence took place and in the said incident gun shot were made by both the parties which is evident from the site plan and due to gun shot by both the..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - Admittedly, complainant party illegality entered into field of accused in between 4-5 a.m. in dark night alongwith habitual offender - Free fight - Gun shots were fired by both parties resulting into death at spot of `K' - Intention of accused to inflict..........
Indian Penal Code, 1860, Section 307, 451, 34, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - 3 injuries caused to complainant by single blow of razor - Not possible - As per evidence on record, injuries caused to complainant were neither serious in nature nor sufficient to cause death in natural course jointly or severally - Even, on the..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Accused truck driver allegedly crushed constable/deceased - Two witnesses admitted that it was dark night at the time of occurrence and accused ran away after crushing deceased - They could not see in which direction accused ran away due to darkness of night - At the relevant time..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Last seen theory - PW9 saw two accused and their accomplice following deceased - In normal case, following someone may not be sufficient evidence of last seen - However, as per PW9 accused along with their accomplice followed deceased at night when there would be not be many other..........
Indian Penal Code, 1860, Section 456 -- Lurking house trespass - Presence of accused on the terrace of complainant house in the dead of night that too after locking of complainant with intention to indulge in illicit intercourse with wife of complainant is undoubtedly covered within the definition of lurking house trespass as provided u/s 451 IPC, as entry made by accused..........
