Civil Procedure Code, 1908, Order 7, Rule 14(3), Family Courts Act, 1984, Section 14 -- Production of documents - Petitioner is seeking to place on record two letters and whatsapp chats and oral conversations downloaded from mobile belonging to respondent - However, as regarding two letters, no foundation has been laid and that there is no whisper about same in entire..........
Criminal Procedure Code, 1973, Section 91 -- Preservation of record - Mere allegation accused removed data from his mobile phone while in police custody, in and of itself, is no ground to deny preservation of data and information requested in application, especially when accused had filed complaint alleging that complainant`s husband forcibly destroyed data from his phone...........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 20 -- Interim maintenance - Husband alleged that lower court not considered profits from mutual funds/sale of shares etc. of wife - However, lower court noted that accounts were opened in name of wife but operated by husband and his father also registered mobile number and email ID linked to these accounts..........
Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Foreigners Act, 1946, Section 14 -- Bail - On parity basis - Contraband - Petitioner was arrested on the disclosure statement of co-accused/his brother, however, after his arrest, said co-accused had got recovered 1 kg of heroin from an empty water..........
Indian Penal Code, 1860, Section 323, 342, 394 -- Offence u/ss 323, 342, 394 IPC - Applicants have abused and assaulted complainant and his companions merely because his car got rubbed with vehicle in which applicants were travelling - Version of complainant is supported by medical examination reports of injured persons - Applicants also damaged mobile phone of complainant..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Murder - Entire case of prosecution is based on circumstantial evidence mainly on the Call Details Record (CDR) of wife of petitioner - Said Call details indicate that calls were made to the phone number of prime accused before and after the incident alleged in the FIR - Charge-sheet reveals that statement of wife..........
Protection of Children from Sexual Offences Act, 2012, Section 11(iv), 12 -- Sexual offences - Allegation that victim is abused, threatened and was handed over with a piece of paper containing appellant's mobile number - Case of prosecution rests on small paper and mobile number which are collected and proved to be that of appellant - However, no steps were taken by I.O...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Keeping in view the role allegedly attributed to appellant and period of incarceration suffered by him, appellant released on bail during pendency of trial - However, appellant shall provide mobile number on which he can be..........
