Indian Penal Code, 1860, Section 376, 511, 201 -- Rape - Neither prosecutrix nor complainant could be cross-examined - Incomplete statements of prosecutrix and complainant in the absence of their cross-examination could not be treated as legal evidence nor could be relied upon to fasten any criminal liability upon accused - Accused rightly acquitted...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Application filed after lapse of five years from filing of suit at the stage when suit was pending for cross examination of DW2 and to prolong the proceedings - Trial of case is going to be closed and suit is now ripe for arguments - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 365, 342, 323, 506, 102B, 34 -- Bail - Kidnapping for ransom - Charge sheet has already been filed and no recovery is required to be made from accused who is in custody since 2020 - Examination-in-chief of victim has already been recorded - There are 23 witnesses cited by prosecution and it..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 363, 366, 506 -- Aggravated penetrative sexual assault - Kidnapping - Accused committed rape upon victim and threatened victim to face dire consequences in case she discloses this incident to anyone - Victim became pregnant and gave birth to male child - She was about 13..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 390 gms cannabis - Contradictions and uncertainty regarding preparation of memo of consent galore - Statement of I.O. about burning the cannabis on the spot goes to root of the case and creates a major dent in prosecution version - There is serious flaw in prosecution case - Bulk cannabis..........
Criminal Procedure Code, 1973, Section 53A -- Medical examination of accused - Rape case - Accused was arrested after 15 days of incident - I.O did not think it necessary to get accused examined u/s 53-A of the Act. rejected...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for cancellation of gift deed - Gift deed was executed before Sub-Registrar - Examination of Sub-Registrar is necessary for proper and effective adjudication of suit - Application allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed through General Power of Attorney holder - GPA examined as a witness and cross examined - Thereafter complainant himself cannot be allowed to appear as his own witness as in that event complainant would get a chance to rectify the lacunae that surfaced during cross examination of his GPA..........
Agreement to sell -- Specific performance - Non framing of specific issue of readiness and willingness - Non denial in written statement of specific averment in plaint as to readiness and willingness - Plaintiff was subjected to elaborate cross examination by defendant on the aspect of readiness and willingness - Objection raised to this effect for the first time in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
