Indian Penal Code, 1860, Section 376, 366, Evidence Act, 1872, Section 3 -- Rape & kidnapping - Conviction - Validity - Held, solitary statement of victim of rape is sufficient to convict accused without getting any corroboration if such statement of victim inspires confidence - In instant case, keeping in mind previous enmity between husband of prosecutrix and father of..........
Indian Penal Code, 1860, Section 302, 323 -- Murder and voluntarily causing hurt - Conviction - Validity - Appellant alleged to have assaulted deceased with axe and caused her death and injuries to her son - Serious contradictions in statement of injured son - He failed to explain injuries even on his person - He not bothered to inform about incident to police or to any..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off defence - Validity - Written statement not filed within stipulated period - Defence struck off - Petitioner 72 years old - Held, one more opportunity granted to file written statement - Impugned order set aside - Petition disposed of without issuing notice to respondents with a view to impart..........
Indian Penal Code, 1860 - - Abetment of suicide - Conviction - Validity - Version of PW3 cannot be believed as from outset she along with PW4 started embellishing fact - Statement of PW4 is an outraging replica of statement of PW3 - Apart that, according to PW4 purported dying declaration was made to him when PW3 was accompanying him in hospital - On other hand, it is..........
Constitution of India, 1950, Article 226, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Unauthorized occupant - Eviction - Validity - Petitioners and others are in unauthorized occupation of part of street - Order of eviction passed in a fresh petition filed u/s.7 of the 1961 Act and not in execution proceedings - Petitioners guilty of making false..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 25 -- Murder - Conviction - Validity - Defence did not ask in cross-examination to PW21 as why independent person was not made panch witness - Appellant failed to furnish some explanation in his statement u/s.313 Cr.P.C. as under what circumstances his car had been parked at Delhi Airport and it remained..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint case - Dismissal - Validity - Court has proceeded on relevant inquiry u/ss 200 and 202 CrPC and on consideration of entire material evidence on record and oral statement has given well reasoned opinion for dismissing complaint - Held, no prima facie offence appears to have been made out - No illegality or..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Validity - Court below has passed order summoning applicants to face trial - Conclusion arrived on the basis of evidence recorded before Court as Court witness "S" whose presence was also corroborated by statements of PW1 and PW2 - "S" was summoned as Court witness u/s 311 CrPC by Court below..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Validity - Summoning order passed on the strength of statement of witnesses PW1, PW2 and PW3, who were all examined in Court - However, a reference is made by Court to some material in case diary - Held, term "evidence" as it occurs in S.319(1) means evidence led in Court - It cannot be said..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Validity - Murder case - Grant of bail to accused "B" by Sessions Court relying on statement given by co-accused - Held, such statement cannot be admitted in evidence during trial - There are other convincing material on record which prima facie shows involvement of accused "B" in the commission of..........
