Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Merely because parents of child victim turned hostile and stated that victim was not having any injury mark, have no impact on prosecution case, particularly when medical evidence proves otherwise...........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Unnatural offence - 12 years old boy sexually abused by accused - PW1/informant is not an eye witness and whatever is written in FIR was based on information so received from PW2/victim and PW3 - Victim and PW3 both turned hostile and they have not supported..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Plea of adverse possession can only be set up as a defence in an action brought against defendant by plaintiff - Pleas are in factual matrix - Possession of respondents for twelve years due to failure of petitioner to file execution petition in itself does not amount to adverse..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence - Where prosecution case is initially based on eye witness account but subsequently eye witnesses turned hostile, still conviction can be based on circumstantial evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence of recovery of articles - Eye witness turned hostile and not supported prosecution case - Insofar as recovery of bamboo stick and shawl is concerned, FSL report not established blood stains over bamboo stick - Shawl recovered from accused is his own shawl and was..........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - Conviction cannot be recorded on solitary statement of witness who disowned his testimony of examinatio, i, chief and has turned hostile during beginning of cross-examination - Conviction and sentence set aside - Accused acquitted...........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - PW1 turned hostile in cross-examination - Statement of PW1 given in examinatio, i, chief could be used for purpose of corroboration and support of such evidence - A person who has stated in examinatio, i, chief does not remain trustworthy and his..........
Adverse possession -- Mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adverse possession unless it is further proved that such possession was open, hostile, exclusive and with assertion of ownership right over property to knowledge of its true owner...........
Indian Penal Code, 1860, Section 302 -- Murder of daughter by father - Hostile witness - Mother of deceased/PW21 stated in her supplementary statement that her husband murdered her daughter by throwing her from the roof in naked condition - Deceased was not raped by anyone - There was no occasion for PW21 to falsely implicated her husband/accused, though she was declared..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Recovery effected from possession of A-2 - Evidence of official witnesses is consistent with each other - Accused informed of his right to be searched in presence of a gazette officer or a Magistrate, but A-2 waived his right - Though A-1 escaped after abandoning his..........
