Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of two minor girls - Victim no.1 not made any contradictory statement on point of her kidnapping, confinement, about place of confinement and manner she was raped - She successfully withstood test of cross-examination - Statements of victims received corroboration from statement of PWs 1 and 2 - Since..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Court is required not to shift or assess the evidence/statement of the witnesses in detail with a view to find out if it is sufficient for conviction of the accused but is only to find out whether prima facie case regarding commission of offences is made out or not, cannot be said to be without..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Non-residential building - Landlord contended that building in question is no, residential building and had rented out the premises to tenant for commercial purposes to run clinic, however, tenant converted the same into residential premises - Evidence on record shows that tenant used one room alone..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Statement of a witness has to be read as a whole - No conclusion can be drawn by taking one sentence from the statement of witness in isolation...........
Agreement to sell -- Specific performance - Defendant neither in his written statement nor in his affidavit taken any plea that contract of sale was cancelled by him and earnest money was forfeited - Plea thus, raised by defendant that as reply to notice was not challenged, so plaintiff was not entitled for relief of specific performance, carries no substance...........
Agreement to sell -- Specific performance - Plea of hardship - Has to be raised in written statement - Since there is no pleading and proof that house in dispute is the only house owned by defendant, plea cannot be entertained...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Parameters for amendment of written statement are different then amendment of plaint - Amendment of written statement is to be liberally construed - Keeping in view the fair stand of defendant, amendment in written statement by introducing some paragraphs in preliminary objection, in a suit..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 24 -- Murder of husband by wife - Extra-judicial confession - Accused was not having good relations with PW4, sister of deceased, thus making confession to such an inimical person is most unlikely - More so, when PW4 had gone to search of deceased to the house of accused, it is most unlikely that..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Prosecutrix attributed specific role to each of accused in her statement, that accused `N' held her legs so that she could not escape and ravished by accused `M' and accused `S' caught hold her hands and gagged her mouth - She resolutely stuck to her version of sequence of events that had unfolded the night of..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased died within 7 years of her marriage - However, cause of death not ascertained, as post-mortem of deceased not performed - Statement of father of deceased, about death of deceased is based on hearsay and speculations, as he admittedly not seen the dead body of deceased - In absence of any evidence of death in..........
