Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Proviso (c) - Hindu male having only a daughter - Deceased left a Will permitting wife to adopt a son - Son adopted by widow in term of Will - Adoption does not relate back to death of adoptive father - Such adoption does not affect the disposal of properties by adoptive father - Adopted son cannot challenge the..........
Indian Penal Code, 1860, Section 376 -- Rape - Age - Mother deposed that her daughter was 13 years of age on the date of incident - Mother not cross examined in this material aspect - It can safely be concluded that defence side has admitted the age of prosecutrix as 13 years...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- FIR - Delay - Rape - Delay of 3 days in lodging FIR - Rape of unmarried girl - Before lodging report mother of prosecutrix must have thought a number of time that the same could damage marriage prospects of her daughter and that it can bring ignominy for whole of the family - If some time..........
Indian Penal Code, 1860, Section 120B,, 364(A), 341, Andhra Pradesh Control of Organized Crime Act, 2001, Section 3(2), 3(4), 18(1), 21(4), 27 -- Bail - Car lent for being used in carrying the kidnapped boy - Appellant's daughter released on bail by High Court - Material against appellant is mainly the confessional statement made to I.O. and confession of co-accused -..........
Indian Penal Code, 1860, Section 302, 201 -- Deceased missing after he had gone to forest and thereafter found dead near bushes - Cause of death haemorrhage and shock as a result of ante mortem injuries - Accused and deceased used to go to forest for catching animals - Accused wanted to marry minor daughter of deceased to which deceased did not approve - Blood stained..........
Hindu Succession Act, 1956, Section 14 -- Will - Executed on 1.10.1938 providing maintenance right in property in favour of widow and after death of wife property to revert back to daughter - By virtue of S.14(1) of the Act, limited right got by widow under `Will' enlarged to an absolute right in suit and she became absolute owner of property - Declaratory right obtained..........
Indian Penal Code, 1860, Section 376 -- Rape of daughter by father - Rape took place when prosecutrix was 5/6 years of age and continued for 9 years - Prosecutrix not disclosing this fact to any body though all family members lived together - Fact of rape by father would have come to the knowledge to her mother and sisters of prosecutrix - Defence version that in-laws of..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Junior Auditor in Co-operative Societies married daughter of a labourer - Death of bride by burning - It is unbelievable that accused would demand dowry when he knew from very beginning that his father-in-law is a poor labourer - Offence u/ss 304-B and 498-A not proved...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Dowry death - Death by burning - Junior Auditor in Co-operative Societies married daughter of a labourer - It is unbelievable that accused would demand dowry when he knew from beginning that his father-in-law is a poor labourer - Accused rushed deceased to hospital and sent information to her..........
Indian Penal Code, 1860, Section 304 Part I, 300 -- Exception 1 - Accused found her daughter and her lover in compromising position - Accused inflicted gandasa blow and killed both of them on spot - Life imprisonment u/s 304 Part I - Conviction upheld - Plea of acting under grave and sudden provocation turned down - Life imprisonment for murdering young persons who were on..........
