Evidence Act, 1872, Section 73 -- Comparison of Signature - Photostat copy is a copy taken from mechanical process - Mechanical process does not show accuracy on account of blurred signatures/defective photo copying - Therefore, such comparison is impermissible under law as there is every possibility of change of signatures due to passage of time and there is every..........
Indian Penal Code, 1860, Section 376D, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Statement of victim is not of sterling quality and there is no corroboratory evidence on record - Husband of victim who has been produced as eye witness of crime has also given contradictory statement - Medical evidence does not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(1), 323, 452, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 13 years old girl - Factum of accused has a criminal history of 6 cases suppressed in bail application - Sign of violence seen in medical examination of victim - Sexual violence upon..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 38, Adoption Regulations, 2017, Rule 7 -- Declaration as to child free for adoption - Live-in-relationship couple - Child to be treated as born to a married couple - Mother of child executed deed of surrender and gave child in adoption - U/r 7 of Adoption Regulations, if a child born to a married couple..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - There is no element in evidence of prosecution that accused used to torture his wife only with intention to drive her to commit suicide - None of independent witnesses has supported version of prosecution that accused used to torture deceased -..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - If doctor who examination victim, does not find sign of rape, it is no ground to disbelieve sole testimony of prosecutrix...........
Agreement to sell -- Specific performance - Extension of time for execution of sale deed - Defendants are members of one family - Signature of defendant No.2 alone is sufficient to extend period for completion of transaction - Contention that defendant Nos.1, 3 & 4 did not sign writing for extending date for execution of sale deed rejected - Even otherwise, if alleged..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheques - Offence by company - Vicarious liability - Allegation against Director of company - Merely because accused did not sign cheques in question, is not decisive for launching prosecution against him, particularly when there was no specific denial about role attributed to accused in negotiations and..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Prosecutrix stated that while she was going to school, accused had forcefully taken her to a jungle - However, medical report of prosecutrix shows that there was no sign of recent sexual violence found on her body except some abrasions over back elbow and left scapula - No other marks of force of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Search and seizure - Recovery effected from the house of accused - Independent witnesses PW1, PW2 & PW3 stated that house of accused was not searched in their presence nor anything was recovered in their presence - They were asked to sign on plain papers -..........
