Indian Penal Code, 1860, Section 363, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Kidnapping and murder - Penetrative sexual assault on 7 years old girl - Circumstantial evidence - Last seen theory - Accused was arrested based on..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), 29 -- Penetrative sexual assault - Presumption u/s 29 of the Act - Accused has committed penetrative sexual assault on a child and caused her death - Presumption u/s 29 of the Act stands against him - However, accused neither discharged reverse burden by discrediting credibility of these..........
Service -- Overseas deputation - Transient business visit without any written agreement detailing terms of deputation will not qualify as a deputation unless employer were to lead cogent evidence to indicate that employee was seconded to work overseas on deputation...........
Service -- Overseas deputation - Suit for recovery of amount spent by employer on overseas deputation - No material evidence on record to indicate that appellant was sent on deputation - Transient business visit without any written agreement detailing terms of deputation will not qualify as a deputation unless employer were to lead cogent evidence to indicate that..........
Evidence Act, 1872, Section 3 -- Ocular evidence and medical evidence - Ocular evidence can be disbelieved only when medical evidence rules out all possibilities of ocular evidence being true...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Evidence of PW1 - PW1 was present on the spot and witnessed his brother/accused escaping from scene of occurrence - Evidence of PW1 appears to be very natural and same has been corroborated with evidence of his children/PWs 3 to PW5 - PW1 and PWs 3 to 5 vividly indicate the specific parts of..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Evidence of witnesses of fact - Injury on injured found to be caused by some sharp object - Doctor proved the injury report - Accused and injured are residents of same locality and they are very well known to one another - There is no motive before injured to implicate accused falsely - While accused have..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506 -- Quashing of FIRs - Cheating - Offences in question are made out against accused as per contents of FIRs - Multiple FIRs have been lodged against accused in around four years by different businessmen leveling similar types of allegations - Whether the allegations in FIRs are..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - High Court exercising supervisory jurisdiction does not act as a Court of first appeal to re-appreciate, reweigh evidence or facts upon which determination under challenge is based...........
Criminal Procedure Code, 1973, Section 161, Evidence Act, 1872, Section 32 -- Police statement recorded u/s 161 Cr.P.C is admissible u/s 32 of Evidence Act...........
