Indian Penal Code, 1860, Section 363, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Evidence of victim - Victim was proved to be child on the date of incident within meaning of POCSO Act - She was giving two different versions regarding incident, which casts serious doubt about truthfulness of her version - Victim..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Partition suit - Defendant by way of additional written statement wants to withdraw the admission of character of property in original written statement - More so, application filed belatedly after closing of evidence - Order allowing application, set aside...........
Indian Penal Code, 1860, Section 302 -- Murder - Two gunshot injuries - Statement of eye witnesses self contradictory - Nothing on record to show that accused was carrying gun and he has used gun for commission of offence - There is no seizure of any gun from accused - Accused specifically has taken plea of alibi and that he was not at the place of incident and his..........
Criminal Procedure Code, 1973, Section 161 -- Statement of PWs u/s 161 Cr.P.C - Murder case - PW2 and PW3 are witnesses of fact, who have been examined as eye witnesses by prosecution - However, both these witnesses turned hostile and denied their statements so given to I.O - Prosecution placed on reliance on what they stated u/s 161 Cr.P.C and as such statement can be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Dismissal of application U.O.8.R.10 CPC - Where defendant has been permitted to join the proceedings by setting aside ex-parte order U.O.9.R.7 CPC, then it is necessary for defendant to file written statement so as to effectively defend the proceedings - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt - Presumption as to - Complainant failed to disclose date, month and year of alleged advancement of loan and remained silent on this - One FIR was also got referred against son of complainant on basis of statement made by accused - Cheque in question is dated 24.9.2014,..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Statement of informant and victim shows that petitioner and co-accused were involved in commission of crime and they also participated in incident - Whether..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Complainant failed to disclose date, month and year of advancement of loan and remained silent - Even, one FIR got registered against son of complainant on basis of statement made by son of accused and one cheque was also issued in favour of complainant but..........
Indian Penal Code, 1860, Section 407, 504, 506 -- Offence u/ss 407, 504, 506 IPC - Property dispute between parties - Allegation that accused tried to take forcibly possession over disputed land and when resisted he abused complainant - However, PW1 not supported version of complaint and has back tracked from his statement u/s 244 Cr.P.C - Even statement of complainant was..........
