Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of POCSO Act - Sole testimony of victim - Victim categorically stated in her statement u/s 164 Cr.P.C that neither accused nor any of his family member had assaulted her while she was with them - She has also not stated anything about subjecting her to sexual intercourse by accused when her..........
Will -- Proof - Principles required for proving validity and execution of Will - (i) Court has to consider two aspects: firstly, that the Will is executed by the testator, and secondly, that it was the last Will executed by him; (ii) It is not required to be proved with mathematical accuracy, but the test of satisfaction of the prudent mind has to be applied; (iii) A Will..........
Service -- Appointment - Acquittal in criminal case - Mere acquittal of respondent in criminal case that too on the basis of benefit of doubt would not automatically entitle him to being declared fit for appointment to subject post...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of case of bigamy against husband by wife - Husband though acquitted in criminal cases filed by wife, but order of acquittal not placed on record to identify whether husband has been acquitted on benefit of doubt or on the ground that a false allegation has been made against him - Filing of..........
Indian Penal Code, 1860, Section 294(b), 352, 354 -- Offence u/ss 294(b), 352, 354 IPC - False complaint was lodged due to previous enmity between parties - All the independent witnesses turned hostile - There is delay of more than two days in lodging FIR - PW1 had not whispered anything regarding utterance of caste word in public place or utterance of caste word in chief..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - A-1 demanded bribe and obtained it from PW3 and A-2 received Rs.100 from A-1 - Prosecution not alleged that A-2 jointly demanded bribe with A-1 or he demanded bribe from PW3 independently - Whether money was given as a share in illegal gratification or for any..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Victim left her home alone and she boarded auto-rickshaw on her own on the date of incident as per PWs - She travelled with accused and stayed with him for about eight months and there is no evidence that she was ever detained by accused..........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Contradictions in two dying declarations with regard to presence of relatives - Magistrate did not specifically ask deceased about her condition in her Dying declaration recorded by him - Both the children of deceased were present at the time of incident but none..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - PW6 stated that deceased came to police camp in injured condition and told them accused persons assaulted him - However, PW7 stated that victim had only named accused `B' - Police officers are disinterested witnesses - However, their version with regard to the..........
