Indian Penal Code, 1860, Section 302, 376, 201 -- Rape and murder of 7 years girl - PW1 scribe of FIR did not disclose to anyone that he had last seen the appellant with the deceased - Not mentioned in the FIR - Casts a serious doubt on last seen evidence - PW2 made no disclosure in the night regarding last seen - Human semen found on the underwear and T-shirt of appellant..........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Undue influence - Vendor about 100 years of age - Wife (plaintiff) had no knowledge of execution of sale deed at the time when it was so executed - Entire transaction underwent clandestinely and those who in normal course must have knowledge thereof, were kept in the dark - Attesting witness of sale..........
Agreement to sell -- Suit for specific performance - Scribe - Neither knew the vendor, his son or as to who were the attesting witness - Scribe was an unlicensed deed write - Scribe is thus neither an attester nor an eye witness to the transaction...........
Agreement to sell -- Specific performance - Scribe not examined - Only scribe could have deposed about the contents of the agreement having been read over and explained to the executant - As the best evidence was withheld despite it being available, Courts below were justified in drawing the adverse inference against the plaintiff - Dismissal of suit - No interference...........
Scribe -- Typed document - Document to contain the name of the person who had scribed it...........
Signing blank paper theory -- Document typed on stamp papers - Name and address of scribe not appearing in the document - Scribe not examined - When there is theory of signing blank papers then scribe is the best person to reveal the correct position with respect to whether blank papers were signed or whether the executant had come to him for the execution of the document..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Non-examination of scribe - Prosecution examined informant who in his evidence before Court affirmed contention in FIR and also proved his signature therein - Held, no, examination of scribe of FIR, prosecution case cannot be wholly dis-believed if otherwise some evidences are available...........
Will -- Suspicious circumstances - Scribe none else, but an Advocate who was representing the defendant in this case before the trial Court - One of the marginal witness was given up in the mid of recording of his statement - Thumb mark of testator instead of close to the text matter/contents of the document was on the last page of the document whereas the thumb..........
Agreement to sell -- Suit for specific performance - Scribe - Discrepant on some points relating to his register but not relating to the agreement - Held, scribe may not be maintaining the register properly and may be having loose papers bearing thumb impressions but the same would not affect the impugned agreement...........
Agreement to sell -- Suit for specific performance - Plea of obtaining thumb impressions on blank papers - Existence of thumb impressions of defendants in the register of the scribe - Negatives the version of defendants that their thumb impressions had been obtained on blank stamp papers...........
