Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Circumstantial evidence - Fact that dead body of deceased was recovered at instance of confessional statement of appellant, is not by itself sufficient to establish the guilt of appellant - Specifically when appellant has denied u/s 313 Cr.P.C. of making of any confessional statement and recovery of dead..........
Evidence Act, 1872, Section 32(1), Criminal Procedure Code, 1973, Section 161 -- Death of victim after three months of recording her statement u/s 161 Cr.P.C. - Such statement is relevant and admissible u/s 32 of Evidence Act...........
Indian Penal Code, 1860, Section 304(Part II), Evidence Act, 1872, Section 32(1) -- Offence u/s 304(Part II) IPC - Deceased had acid injuries as well as bomb blast injuries - He lost his eye sight and lost his right foot in acid attack - Injuries on the body of deceased fully support the prosecution case - Statement made by deceased u/s 161 Cr.P.C is admissible u/s 32 of..........
Indian Penal Code, 1860, Section 302, 307, 148, 149 -- Double murder case - Ocular evidence of two eye witnesses stands fully corroborated by medical evidence, wherein it is proved that accused used blunt and sharp weapons to cause injuries on deceased and complainant - Depositions of PW1 and PW2 are in consonance with contents of FIR - Although complainant was brother of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Rejection of application - Appellate Court has observed the empty formality of noticing the contentions of the parties and rejected the application mechanically - Order of appellate Court, not justified...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - A person inheriting the property or the litigation cannot seek amendment merely because he claims to be more prudent than his propositus or predecessor, at least when it comes to facts...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2 -- Amendment of written statement - A substituted legal representative can neither entirely disown the written statement filed by his predecessor nor can upturn the earlier stand by bringing in entirely a new case...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Amendment of written statement - Suit for injunction - Entire defence of deceased defendant was based on possession - If amendment sought by substituted defendant is allowed, it would amount to challenging even the title - Amendment cannot be allowed - Order calls for no..........
Evidence Act, 1872, Section 118 -- Testimony of child witness/victim - Sexual assault - Merely because specific date or time of assault not given by child witness, statement of child witness cannot be ignored, especially when she narrated the incidents vividly...........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 354C, Evidence Act, 1872, Section 118 -- Sexual assault - Testimony of child witness/victim/PW2 - PW2 was the first to raise a voice against accused - She made complaint to child helpline - Accused who was Supervisor of Children Home for Girls used to sexually harass and..........
