Indian Penal Code, 1860, Section 376 -- Rape - Evidence adduced by victim and her mother has clearly established offence against accused - Non-production of wearing apparels of victim cannot destroy prosecution case when there was better evidence and medical evidence also supported fact that there was some lacerated abrasion over left arm of victim - No prior enmity..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape of 3 years old minor girl - Prima facie evidence on record that accused has committed an inhuman act of rape on a minor girl of 3 years - Victim has narrated her ordeal in words as well as in signs and..........
Criminal Procedure Code, 1973, Section 125, Indian Penal Code, 1860, Section 191, 193 -- Maintenance - False evidence - Wife filed petition for maintenance stating that she has no source of income or property and is unable to support herself - In fact wife was employed - Wife stating that when she instructed her counsel to file petition for maintenance she was unemployed -..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Indian Penal Code, 1860, Section 420, 406, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to know about writing on cheque - Signatures admitted - Issue as to who filled up the cheque is to be examined at the time of final adjudication - Dismissal of application calls for no interference...........
Indian Penal Code, 1860, Section 375(b) -- Rape - If accused forced his organ into vagina or urethra of victim despite victim wearing his underpants, it would still amount to penetration for purpose of S.375(b) IPC...........
Indian Penal Code, 1860, Section 375 -- Rape - Victim was minor at the time of incident and accused confessed that he lost control over himself and committed the offence - Medical report confirmed tenderness in vagina of victim which also revealed redness and ruptured hymen - In the absence of accused establishing any alternative reason for such fact, merely because victim..........
Indian Penal Code, 1860, Section 302, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Murder - Deceased stated in her dying declaration that accused trespassed in her house, raped her and poured kerosene oil upon her and set her ablaze - Dying declaration proved on record - FSL report does not advance case of accused in any manner merely because as..........
Indian Penal Code, 1860, Section 302, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Murder - Dying declaration - Nothing on record which dents statement made by deceased - Statement of deceased is reliable and gives cogent explanation of occurrence - Medical opinion with respect to condition of deceased before and while making her statement is on..........
Indian Penal Code, 1860, Section 302, 326, 34 -- Nature of offence - Accused came to house of deceased armed with lathis bamboo sticks on account of death of their sister and where some quarrel took place and one fatal blow on head of deceased came to be made - It is not known out of three accused who caused fatal injury to deceased - No previous enmity between parties and..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
