Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Unless conclusions drawn by lower Court are erroneous being: (i) contrary to mandatory provisions of applicable law ; or (ii) contrary to law as pronounced by Apex Court; or (iii) based upon inadmissible evidence or no evidence, High Court cannot substitute its own opinion for that of first Appellate Court...........
Indian Penal Code, 1860, Section 376 -- Rape - Non-availability of DNA report does not adversely affect case of prosecution...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Sole testimony of PW2 - Cross-examination of PW2 would reveal that he has fully improved his case in his examination-in-chief - PW2 has narrated what does not find place in his statement u/s 161 Cr.P.C - Evidence of PW2 is totally contradictory and therefore totally unworthy - Apart from testimony..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - Parties i.e plaintiffs and defendant are co-sharers - In the absence of any evidence led by plaintiff that she was in exclusive possession of suit land and that there had been a partition, suit for injunction qua a co-sharer is not maintainable...........
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...........
Indian Penal Code, 1860, Section 376 -- Rape - Corroboration is not an essential requirement for conviction in cases of rape...........
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 39, Rule 1, 2 -- Temporary injunction - Foundational documents relied upon by plaintiff i.e mortgage deed cum lease deed is neither registered nor sufficiently stamped and is therefore, inadmissible - Moreover, plaintiff attempts to secure temporary injunction in effect seeks to restrain rightful owner and purchaser from asserting rights..........
