Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Allegation against husband of deceased - Unnatural death of deceased occurred within 7 years of her marriage - Deceased was so harassed even her father told her that she may live or die in her matrimonial home - Parents of deceased refused to take her back to..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Medical evidence - Victim herself not stated either in her statement recorded u/s 164 Cr.P.C or in witness box that accused ever penetrated his penis in her vagina - Even medical evidence not suggestive that accused committed penetrative sexual..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker PW6 - False implication - Medical evidence not suggestive that accused committed penetrative sexual assault upon victim - Victim was tutored after being removed from custody of her father and testimony of victim is the..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker - PW6, a NGO worker and relative of accused made allegation against accused, who came to know the incident from her father in a meeting of Mahila Mandal from some women - However, names of said women not disclosed - NGO..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order - No finding by Tribunal or any case being proved on evidence that there was condition attached to possession of petitioners to provide basic amenities and physical needs to opposite party, which is a pre-condition of an order being passed u/s 23 of the Act - Eviction order set..........
Evidence Act, 1872, Section 3 -- Circumstantial evidence - In order to prove the case based on circumstantial evidence, prosecution is to complete the chain...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Motive - Accused is a builder and his business was running into losses and customers were asking for their money - Therefore accused killed an unknown person and put him on fire after pouring kerosene oil in order to fake his death to evade his liabilities - Prosecution established motive..........
Indian Penal Code, 1860, Section 302, 148, 34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal by trial Court - Conviction by High Court - Appreciation of evidence - As per evidence on record, identification of accused not proved on record - Even, there is delay in lodging of FIR which provided opportunity to informant and other PWs to implicate their..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Ocular evidence of PWs 3, 4, 10 and 11 shows that A-1 had grudge against deceased because much prior to incident it was seen and heard by them that deceased used to object A-1 for his having close association with one person who was involved in..........
Indian Penal Code, 1860, Section 302, 380, 452, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Last seen theory - Maruti Van carrying accused was seen moving prior to commission of offence in the area in question - Said Van recovered at the instance of A-3, as he was driver of same - Said fact is proved by two Courts below with the aid of PWs -..........
