Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Death of deceased due to gunshot injury - Variance in statement of eye witness PW1 and contents of FIR, regarding gunshot injury which makes his presence on the spot doubtful - Motive of crime not proved on record - Case of prosecution is that accused pushed deceased along with his motorcycle in..........
Consumer Protection Act, 1986, Section 12 -- Consumer - Commercial space already sold at the time of issuance of allotment letter - It is a clear cut case of deficiency of service - Respondent directed to refund the amount of Rs.2,05,000/- along with damages of Rs.50,000/- alongwith interest of 18% per annum payable from 06.12.2004 till payment of entire amount...........
Indian Penal Code, 1860, Section 376(2)(g), 342, Evidence Act, 1872, Section 3 -- Gang rape - Appreciation of evidence - Evidence on record clearly proves that victim was around 14 years of age at the time of occurrence - Even, evidence of victim is corroborated by ocular testimony of her parents - Moreover, nothing elicited in cross-examination to disbelieve their..........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 376(2)(g), 342 -- Compensation to victim - Gang rape - Keeping in view the age of victim at the time of occurrence, nature and gravity of offence committed and family background - DLSA directed to examine the case of victim after conducting necessary enquiry in accordance with law for grant of..........
Evidence Act, 1872, Section 27, 3 -- Evidence of blood group matching - As per post-mortem reports, time elapsed between death and postmortem to 24-48 hours - In such circumstances, blood group matching loses its significance...........
Indian Penal Code, 1860, Section 279, 336, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner already undergone imprisonment for 3 months and 1 day as against sentence of 2 years - He is first time offender and is facing agony of criminal proceedings since 2009 - There is no other case pending against him - Taking into account protracted trial,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18 -- Recovery of 18.350 kgs poppy straw and 8.047 kgs opium milk - Recovery effected from room which opens in a different direction towards field of one person - Prosecution miserably failed to prove that accused was actually in conscious possession or was having dominion over room from where recovery..........
Indian Penal Code, 1860, Section 376, 354 -- Nature of offence - Victim was forcibly abducted and taken by accused to his room, where she remained confined for quite some time - Biting on upper and lower lips of victim by accused and touching her private parts by his finger proved on record - Accused convicted u/s 354 IPC...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Condonation of delay - Delay of 1433 days in filing appeal against ex parte decree - Defendants elected to prosecute and proceed only with application U.O.9.R.13 CPC, but not with the remedy of appeal u/s 96 CPC - They filed appeal after a fairly long period of time nearly 1433..........
Indian Penal Code, 1860, Section 366, 376, 341 -- Abduction and rape - Reduction of sentence - Accused does not have any criminal antecedents - Age of prosecutrix was 53 years of age at the time of offence - No injuries were suffered by prosecutrix during her alleged ravishment by accused - Accused not indulged in any vicious physical violence with prosecutrix - Incident..........
