Indian Penal Code, 1860, Section 376 -- Rape - Mere statement by victim in her evidence that accused hugged and impregnated her without indication about penetration aspect is not sufficient to attract offence of rape - Unless the victim states in her evidence about penetrative non consensual sexual act by accused on her, offence of rape cannot be said to be made out...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 102 -- Rape - Onus to prove - In a case of rape, onus is always on prosecution to prove affirmatively each ingredient of offence, it seeks to establish and such onus never shifts...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - If findings in judgments under revision have been arrived at by ignoring or excluding relevant materials, or by taking into consideration irrelevant/inadmissible materials or entire approach of Court in dealing with evidence is patently illegal, leading to miscarriage of justice, nothing prevents High Court from..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 8 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Conduct of accused - PWs 1, 2, 3 & 5 when returned to their place of residence after searching the deceased, accused informed..........
Evidence Act, 1872, Section 27 -- Recovery u/s 27 of the Act - Place of recovery - What is relevant is not whether the place was accessible to others or not, but whether it was ordinarily visible to others - If place at which articles were hidden is such where only person hiding it knows until he discloses that fact to any other person, then it will be immaterial whether..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of articles - Once recovery is made in pursuance of a disclosure statement made by accused, matching or non-matching of blood groups loses significance...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 27 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Recovery of dead body of deceased - Dead body of deceased was made from a place which cannot be said to be accessible to an..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Father of deceased and eye witness proved that accused was driving tractor-trolley in a rash and negligent manner and on the account of which deceased fallen from said vehicle and died because of vehicle running over him - Medical evidence supported prosecution case - I.O. along..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Omission to frame an issue does not vitiate trial where parties go to trial fully knowing rival case and lead evidence in support of their respective contentions and to refute contentions of other side...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(c) -- Recovery of 300 gms opium - I.O proved on record prosecution story leading to recovery of opium from possession of accused - PW3 had given evidence with respect of taking of sample parcel and sample seal of office of Chemical Examiner and also to the effect that same was not tampered while in his..........
