Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of daughter by father - Contradictory statements given by prosecutrix and her mother - However, prosecutrix was 3 months pregnant at the time of registration of FIR - FSL report for the same establishes beyond doubt that DNA of foetus matched with that of..........
Indian Penal Code, 1860, Section 399 -- Preparation of dacoity - A-1 alongwith two other accused named in charge sheet were found travelling with material articles by itself is not a ground to hold that they were making preparations to commit dacoity as alleged by prosecution - No evidence on record to show that petitioner/A-1 made preparations for committing dacoity -..........
Criminal Procedure Code, 1973, Section 125, Maintenance to wife -- Wife failed to bring on record cogent evidence to demonstrate that she was living separately from her husband on account of any situation created by husband - Dismissal of petition calls for no interference...........
Criminal Procedure Code, 1973, Section 227, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Discharge - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Complainant made specific allegation against accused that he abused her by calling her caste name in public place - Mere fact that in the statement of other witnesses no..........
Evidence Act, 1872, Section 126 -- Professional communications - Directing Advocate to file affidavit disclosing source of document filed in Court - Act of handing over and the information regarding origin of that document is part of professional confidentiality - Primary responsibility for the documents filed in Court lies with the party - Compelling advocate to file..........
Evidence Act, 1872, Section 126 -- Professional communications - Court can ask for truth, it cannot compel a lawyer to disclose what law expressly protects, in the absence of a clear finding that lawyer is conspiring in a fraud committed during employment...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Recall of a witness - Witness who has already been examined and cross-examined cannot be recalled and reexamined to deny evidence he has already given before trial Court and no opportunity at a later stage can be given to him to completely efface evidence already given by him under oath...........
Bharatiya Nyaya Sanhita, 2023, Section 64 -- Secondary evidence - Photocopy of unregistered and unstamped document - Document in question is chargeable with stamp duty of 1% on ad valorem basis - Document is written on stamp paper of Rs.100 only and it is insufficiently stamped - Photocopy of document cannot be impounded for payment of deficit stamp duty and once photocopy..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Testimony of wife of deceased - Contradiction in the statement of PW1 is very trivial in nature, which cannot negate or demolish prosecution story - Even if there are some omissions, contradictions and discrepancies entire evidence cannot be disregarded - Undue importance should not be attached to omissions,..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Motive - PW1 stated that accused wanted to sell ancestral land which was being opposed by deceased - PW2/real brother of accused and deceased in his evidence stated that accused wanted to sell his land which was being opposed by deceased as accused used to drink liquor after selling his land, due to that reason accused..........
