Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix in her examination-in-chief that accused committed sexual intercourse with her was not shaken - Version of prosecutrix about the acts of forcible sexual intercourse by accused has been hardly tested in the cross-examination - Manner in which the prosecutrix was taken initially near the Nullah and after..........
Indian Penal Code, 1860, Section 376(2)(g), 506(1) -- Rape - PWs on account of a long gap between examination-in-chief and cross-examination, were won over by accused and they resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - However, evidence of victim and her mother, aunt when tested with FIR, statement recorded under..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - General allegations made by wife against husband - No specific instance had been quoted by wife to prove the allegations of her being subjected to physical or mental cruelty at the hands of husband - Wife and her father had even denied any knowledge about facts as narrated in the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit dismissed in default - Petitioner pleaded that she is a diabetic patient and was taking treatment from hospital - However, ailments which have been mentioned are not such which would restrain petitioner from diligently prosecuting her case - Moreover, nothing..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Examination of handwriting and finger print expert - Allowed by trial Court - His report produced and his examination-in-chief recorded - Defendant granted an opportunity to cross examine handwriting and finger print expert and defendant to lead further evidence to counter the evidence of handwriting and..........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief - Presence of advocate for accused is required when examination-in-chief of a material prosecution witness is being recorded...........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief - Recording of only examination-in-chief of 12 prosecution witnesses without recording cross-examination is contrary to law...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - PW1 was cross-examined about 8 months after his examination-in-chief - He has not been examined on the point of NCR of the alleged cross case - It is essential in the interest of justice that defence is granted an opportunity on heavy costs to cross-examine PW1 - Application allowed subject..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court can summon persons who have been charge sheeted as accused on the basis of examination-of-chief of a witness - It is not necessary that witness should be cross-examined before such person can be summoned u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping - Accused allegedly kidnapped victim and also committed act of aggravated penetrative sexual assault upon her - However, statements of prosecutrix, her father, brother and village Sarpanch shows that..........
