Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused abused victim, grasped her hair and fell her down and pressed her breast and tore her blouse - Incident happened in a public place - Evidence of victim is corroborated by her husband and father-in-law - Nothing in rebuttal against recovery of torn blouse of victim - More so, after the incident..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Call Detail Records (CDRs) - Mobile numbers alleged to have been used by accused `M' is not in his name but in the name of one `A' - No evidence is placed on record to show as to how said SIM came to be in possession of accused `M' - Apart from that if at the time of incident both of them were..........
Indian Penal Code, 1860, Section 498A -- Cruelty - No evidence to prove that husband married for the second time - Wife herself admitted that though she had filed a complaint regarding her husband's alleged second marriage but she has withdrawn it long back - There is thus, no materials on record to prima facie prove that husband has allegedly married again - Mother of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide - Allegation that accused provided his tractor trolly to co-accused for transporting poppy husk - However, there is not even an iota of evidence that accused knew about co-accused transporting poppy husk in his tractor trolly or that he had permitted them..........
Adverse possession -- Proof of long standing unauthorized possession can only be a relevant trait for consideration of plea for acquisition of title by adverse possession but cannot be sole criteria - In case of failure to prove adverse possession, any other form of possession howsoever, long, cannot be held sufficient to non-suit plaintiff in his prayer for possession of..........
Partition suit -- Plea of oral partition - Defendant pleaded that there was oral partition between parties and plaintiff has lost his right in the properties allegedly allotted to defendant in oral partition by ouster - However, defendant neither raised necessary pleadings nor adduced any evidence in this regard - Defendant thus, miserably failed to prove oral partition..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Parameters summarised for taking secondary evidence, viz. (i) party seeking to lead documentary evidence must lay down some foundational evidence either in plaint or in written statement as the case may be that alleged copy is in fact true copy of original; (ii) party seeking to lead secondary evidence should..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW3 for cross-examination - Cross examination of material witness/PW3 was closed by trial Court without providing any further opportunity to petitioner - Right of cross-examination is a valuable right in order to prove petitioner's innocence, therefore, it will be just and appropriate to grant one opportunity to..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - No cogent and positive evidence available to prove or establish the fact that accused assaulted deceased - PWs stated that main accused kicked the deceased on her stomach and nowhere they have whispered about any overt acts of accused - Guilt of accused not proved - In the absence of any incriminating..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration and permanent injunction - Both the parties claim title over suit property - In case of title over suit property, parties should prove their case by themselves by letting legally acceptable evidence - Considering nature of relief sought in the suit and rival claim..........
