Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - A-1 gagged mouth of victim, while the other two held her hands and dragged her to a field in the jungle but she did not describe clearly the way in which she was dragged - No injury due to dragging and no evidence of committing rape has been reflected in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not merely with regard to possession, but pertains to identification and demarcation of their respective shares - Both sides are asserting possession over different portions of same khasra number and controversy essentially revolves around exact demarcation of..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Rashness and negligence must be proved by cogent evidence and cannot be presumed merely from occurrence of an accident...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Statements of PWs have attributed the accident to high speed - No person has mentioned approximate speed of motorcycle - None of PWs had witnessed accident - There is no other evidence to prove rashness and negligence of accused - Guilt of accused not proved - Acquittal upheld...........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Order passed u/s 340 Cr.P.C - Appeal - If an order u/s 340 Cr.P.C. is passed by a civil Court, revenue Court or criminal Court, appeal would lie on respective side to appellate Court, even though provision for conducting an enquiry and filing a complaint for giving false..........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Order 26, Rule 1 -- Statement of witness - Appointment of Local Commission - Once Court is satisfied from medical record and age of witness that attendance in Court is not possible without risk to health, Court can direct evidence to be recorded through commission - Wrong mentioning of O.10 CPC in..........
Indian Penal Code, 1860, Section 326, 452 -- Offence u/ss 326, 452 IPC - Role attributed to petitioners is qualitatively distinct from that of co-accused, who alone was alleged to have inflicted grievous spear blows - No evidence shows meeting of minds to cause grievous hurt - Prosecution has, therefore failed to establish beyond reasonable doubt that petitioners shared a..........
Evidence Act, 1872, Section 3 -- Testimony of witness - Minor discrepancies may not discredit testimony of a witness, but material contradictions which affect the core of prosecution case render the evidence unreliable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nothing on record to show that wife is sufficiently earning to maintain herself in the same status and strata with husband and husband has not adduced any positive evidence to that effect - Since it is obligation of husband to maintain his wife, he cannot be permitted to take plea that he is unable to..........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of pathway - Plaintiff failed to establish through oral and documentary evidence that he has acquired right over suit pathway by way of easement by prescription - He has suppressed the fact that he is having alternative pathway to reach P3 land - Therefore, there is no necessity for plaintiff to use..........
