Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Murder - Non-disclosure of relevant facts in FIR - Disclosure of incident by minor to PW7 at the earliest opportunity rules out any possibility of tutoring - PW6 brother of deceased came to place of occurrence later and got busy in releasing body of his sister from morgue and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of minor - Roles of accused persons in assault of deceased on fateful day as per evidence of minor is corroborated by other materials on record - However, it is unsafe to rely on uncorroborated version of minor with regard to role played by A-2 and A-3 in the murder of his mother - A-2 and A-3 thus, entitled to..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Cancellation of bail granted in an offence u/s 376 IPC and S.6 of POCSO Act - Where victim is minor, grounds of love affair between parties and refusal to marry are circumstances which will have no bearing for grant of..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of less than 8 years old girl - Identification of accused - Victim identified accused in Court - Though, victim did not know accused by name at the time of incident, however there is no evidence to suggest that victim was not acquainted with accused or had not..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Minor mistakes of inconsequential importance are insufficient to seek review - Only when circumstances of a substantial and compelling character make it necessary to do so that review can be sought...........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder of wife by husband - Plea of suicidal hanging - Non-examining of minor instead of adversely affecting the prosecution case creates a gaping hole in unfolding of defence case version of suicidal hanging...........
Partnership Act, 1932, Section 30(5) -- Partnership firm - Minor partner on attaining majority, has to elect to continue or not to continue as a partner, within six months of attaining majority and in case he fails to give such notice then he shall be presumed to continue to be a partner...........
Partnership Act, 1932, Section 30(5) -- Partnership firm - Minor partner - Not a partner at the time of attaining majority - Such minor partner shall not be liable for any past dues of the partnership firm when he was a partner being a minor...........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Appeal against - Accused/appellant committed rape on 7 year old girl caused her death and dumped dead body near bridge - Victim was last seen in company of accused and was then went missing - Also recovery of dead body..........
Indian Penal Code, 1860, Section 448, 354, 506 -- Offence u/ss 448, 354, 506 IPC - Evidence of all PWs is cogent, reliable and trustworthy - However, trial Court committed an error in not considering the evidence of PWs in correct prospective though evidence of PWs were corroborating with each other - Accused acquitted on some minor inconsistencies which were not fatal to..........
