Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Allegation that accused roaming around house of deceased - Merely because accused was 18 years of age as on date of incident, roaming around house of deceased would not lead to conclusion that accused has committed crime of rape and murder, unless prosecution is..........
Indian Penal Code, 1860, Section 364, 376, 302, 201 -- Kidnapping, rape and murder - Circumstantial evidence - Recovery of `Gudri' (mattress) - Mattress seized from house of accused though having semen stains but it did not have vaginal smear - Recovery of Mattress may raise some sort of suspicion in the mind of Court but having regard to other material on record moreso..........
Indian Penal Code, 1860, Section 364, 376, 302, 201, Evidence Act, 1872, Section 24 -- Kidnapping, rape and murder - Circumstantial evidence - Extra judicial confession - PW1 stated that accused confessed that he had committed a mistake of raping deceased and throwing dead body in well - He took accused to police station and produced him before Police Officer - No ground..........
Evidence Act, 1872, Section 3 -- Material witness - When statement of material witness of prosecution (complainant) is not worth of credence, then no weightage can be given to statement of other PWs - Case of prosecution rightly disbelieved by Court...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified - If view taken by trial Court is a possible view even if two views are equally balanced, it need not result in interference by..........
Air Force Rules, 1969, Rule 156 -- Dismissal from service - Molestation of 4-1/2 years old daughter of one of colleague - Respondent himself made a statement before Court of enquiry admitting to have committed act of molesting a young girl in service quarter of officers mess - Defence of respondent was that he was forced to make such statement - There is no evidence on..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - 90% permanent disability - Cost of artificial limb - As per proposal/quotation artificial limb costs Rs.5,14,038 inclusive of value of artificial limb and its accessories and after 2 years of free service, maintenance charges would be levied on the same - Further, life of artificial limb is four to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - 70% functional disability - Right arm from shoulder amputated and some injury in right knee due to which movement of right knee is also restricted - No evidence on record to show that claimant has engaged herself in some other work which would be suitable to her status - Assessment of functional..........
Criminal trial -- It is a duty of Court to cull out nuggets of truth from evidence of prosecution witnesses...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Scope of - Though there is no embargo on appellate Court to reverse decision based on evidence upon which acquittal is based, generally the order of acquittal based on presumption of innocence of accused, is further strengthened by acquittal - Appellate Court, while considering an appeal against..........
