Evidence Act, 1872, Section 11 -- Eye witness - Omission to name two other accused in FIR despite eye witness having seen three persons known to him assaulting his son - This omission assumes significance and is a relevant fact u/s 11 of the Act...........
Evidence Act, 1872, Section 67 -- Will - Attestation - Benefit given to attesting witness - Merely because a benefit is given either by way of a bequest or by way of appointment to any attesting witness, Will shall not be deemed to be insufficiently attested, but bequest or appointment shall be void so far as it relates to attesting witness or wife or husband of such..........
Evidence Act, 1872, Section 67 -- Will - Attestation - Will executed in favour of defendant No.1 - Wife of defendant No.1 is attesting witness to Will - Hence in view of S.67 of the Act, such bequest in favour of defendant No.1 is void - Nevertheless, it would not affect the validity of Will - But sole bequest made in Will is in favour of defendant No.1 and hence entire..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 366, 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Suspension of sentence during pendency of appeal against conviction - Kidnapping and rape - Applicant has undergone..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376D, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5), 3(1)(r) -- Bail - Rape - Victim turned hostile and did not support prosecution case - Appellant has made out a case for bail - Bail granted with conditions...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18 -- Juvenile - Special home - It is mandate of law to remand a juvenile offender tried under the Act to a special home only on establishment of his guilt - He cannot be remanded to any other correctional facilities...........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 5 -- Unnatural offence - Juvenile accused - Juvenile delinquent on establishment of his guilt, only be sent to special home - He cannot be remanded to any other correctional facilities - However, since juvenile attained majority, he cannot be sent to special home - Juvenile..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Minor variations in the evidence of witnesses from their statement made before police after a long duration of more than 12 years cannot affect their liability and truthfulness...........
Indian Penal Code, 1860, Section 302 -- Murder - Identity of accused not disputed as accused is not a stranger but is a close relation of witnesses - Though witnesses did not actually see the accused causing murder of deceased but they have seen accused standing on roof with kulhara and on seeing witnesses he jumped and ran away - Statement of witnesses would fall within..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Marriage between parties solemnized in 2003 and both the parties are living separately since 2004 - Joint compromise petition filed by parties - There is no possibility of resurrecting marital life of parties - Statutory period of 6 months waived - Decree of divorce on the basis of mutual consent granted...........
