Indian Penal Code, 1860, Section 376(d), 506(2), 114, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Delay of 9 months in lodging FIR not satisfactorily explained - Even, DNA test confirms that none of the accused person are biological father of the child delivered by prosecutrix -..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 114 -- Abduction and murder - Last seen together - Presumption - Failure on part of accused to furnish any explanation or furnishing false explanation with regard to last seen together - Draws strong presumption against accused and in favour of his guilt and would provide additional link in chain..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........
Indian Penal Code, 1860, Section 302, 452, 114, 504 -- Murder - Death by burning - Deceased in her earlier dying declaration attributed overt act only to co-accused and she not stated anything about accused - Son of deceased PW12 though attributed bringing of kerosene can to accused but the same is not corroborated by other evidence - Prosecution not examined other son of..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non-examination of two material witnesses - Murder case - Two witnesses had seen the deceased jumping into canal - However, neither of two witnesses were examined at the trial and thus, evidently prosecution is guilty of concealing material evidence from Court which is sufficient to draw an adverse inference against..........
Evidence Act, 1872, Section 114 -- Adverse inference - Murder case - Two witnesses of incident but they did not intervened due to fear - No adverse inference to be drawn against them...........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 302 -- Adverse inference - Murder case - Victim last seen in the company of accused when victim offered chocolates to accused - No explanation forthcoming from statement of accused u/s 313 Cr.P.C as to when he parted company of victim - Even no explanation is there as to what happened after he getting..........
Evidence Act, 1872, Section 114 -- Plaintiff not appeared as his own witness - Sufficient evidence available on file to prove the case of plaintiff - Adverse inference can only be drawn once sufficient evidence is not available...........
Evidence Act, 1872, Section 114 -- Promissory note - Plaintiff alleges that defendant borrowed loan amount under two promissory notes from PW2, who is partner of finance companies - Non-production of personal ledger and personal cash book of plaintiff, is fatal to facts of case - Adverse inference thus, drawn against plaintiff u/s 114 of Evidence Act - Defendant rebutted..........
