Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Corroboration from medical evidence is not sine qua non when cogent evidence of victim is available...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Discrepancies in evidence which are of minor nature not going to root have to be ignored...........
Indian Penal Code, 1860, Section 376(2), 450 -- Rape - Testimony of prosecutrix - Evidence of prosecutrix was entirely probable, natural and trustworthy who with lucidity narrated whole incident about commission of offence against her by accused - Testimony of brother of victim as a child witness was rationally and logically supportive of what prosecutrix narrated - Factum..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff by way of amendment challenged the judgment and decree as well as mutation - Said judgment and decree and mutation were within his knowledge, rather factum of same finds mentioned in plaint itself - Amendment would change nature of suit and would amount to a de novo trial as even though..........
Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence - Summoning of person as accused - Court of Session has power u/S. 193 Cr.P.C to summon a person as accused to stand trial, even if he has not been charge-sheeted by the police and whose complexity in the crime appears in evidence available on record...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Statement contained in FIR furnished by one accused cannot be used against another accused...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Confessional FIR - Confessional FIR made by accused is inadmissible in evidence against him, except to extent that it shows he made statement soon after offence, thereby identifying him as maker of report, which is admissible u/s 8 of Evidence Act - Additionally, any..........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Non-confessional FIR - Non-confessional FIR is admissible against accused as admission u/s 21 of Evidence Act...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused cannot be held guilty of offence of murder solely on basis of medical evidence...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Conditions necessary for applicability of S.27 of the Act - (i) Information given by accused, leads to discovery of some fact - (ii) Fact discovered was not within prior knowledge of police and knowledge of fact was derived for first time from information given by accused - (iii) Discovery of a fact is direct outcome..........
