Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Once accused were arrested at the scene of occurrence itself and produced before police, omission to hold TIP or produce someone from public in support thereof, would not adversely affect the prosecution case...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54, 59 -- Summoning of additional accused - Land dispute - Complainant and his injured brother stated in FIR and in Court that both petitioners were present on the spot - Even, fire arm injury attributed to petitioner corroborated by medical evidence..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of documents for comparison of thumb-impression cannot be sent to Forensic Science Laboratory - But plaintiff shall be at liberty to produce on record the copy of written statement along with list of reliance of documents, in a suit for recovery, as an evidence, in support of the defence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 2 kg ganja - Search and seizure - Personal seal was not produced in Court - Evidence of PW13 is completely silent as to whom his personal seal was handed over - Zimanama of personal seal not proved during trial - Even personal seal was not produced in Court - Handing over brass seal to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried daughters - Father was employed as driver abroad in a private company and allegedly earned Rs.2 lakh p.m - However, he did not enter the witness box and did not produce any evidence regarding his actual salary - Lower Court thus, rightly granted past maintenance of Rs.36000 each to daughters for a..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 118 -- Penetrative sexual assault - Child witnesses/victims - Identity of accused was in doubt, as there is no explanation why no identification parade was held - Both victims were counseled but prosecution failed to produce video/CD of counseling and held it back - Defence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was engaged in business of manufacturing Namkeen products - However, family of deceased failed to produce any evidence that income of deceased was Rs.15,000 p.m as claimed by them - High Court rightly took income of deceased to be Rs.6000, which is marginally above minimum wage..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Claim of maintenance - Marriage between parties not solemnized as per law - Failure to produce any documents or photographs etc. in this regard - Prima facie no evidence to establish that they were living together since long - It cannot be presumed that they were living as husband and..........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Application for production of secondary evidence - Petitioners did not aver that the pre-conditions set out in S.66 of Evidence Act to produce secondary evidence were satisfied and originals of documents in issue were lost - No affidavit was filed in support of application -..........
