Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Appreciation of evidence - As per evidence on record, accused was last seen together with victim as accused gave 1 rupee coin to victim and told one of the..........
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Death penalty - Rarest of rare case - Offence committed by accused though brutal and grave but does not warrant death sentence - As, accused is not a previous..........
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of 11 punctured and bleeding wounds and use of fire arm, leaves no doubt that there was intention to murder - Even, ocular evidence is cogent and corroborated by medical evidence - Thus, second part of S.307 IPC is attracted - Order of conviction..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused cannot lead his evidence by way of affidavit in terms of S.145 of the Act...........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 32 -- Abetment of suicide - Dying declaration - PW17 who recorded dying declaration of deceased mentioned that deceased in her dying declaration stated that there was a quarrel with regard to accused going to work and accused directed deceased to stay at home or to go away - This utterance as indicated in..........
Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Readiness and willingness - Defendants/appellants have to prove that their predecessor-in-interest took step in furtherance of contract and he was ready and willing to perform his part of contract which is missing in the instant case - Further, there..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Two contradictory reports of handwriting experts - Order calling upon opinion of hand writing expert of an independent Government agency - Order calls for no interference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 795 parvon spas capsules - Search and seizure - FSL form not prepared and filled on the spot - Samples though sealed on the spot but no evidence as to whether same got resealed from Executive Magistrate - No evidence on record that till the samples were sent to FSL for examination, these..........
Registration Act, 1908, Section 49 -- U, registered sale deed - Collateral purpose - U, registered sale deed cannot be received in evidence for want of registration and its terms cannot be used to prove delivery of possession also, as suit itself is filed for recovery of possession - Moreover, possession and its delivery are a primary purpose and not a collateral purpose...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Allegation that wife used to visit her brother-in-law which he did not like and many times prevented her - However, evidence on record shows that wife was living away from her native place and her sister and her husband lived at the place where wife resides, so her visit to her sister..........
