Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has made specific assertion of cruelty against husband - Despite cross-examination of PW1, nothing was elicited by husband and husband has failed to adduce evidence, which clearly establishes that allegations are true and same are not controverted by husband by adducing proper..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - If a witness is not cross-examined, statement of witness has to be taken to be admitted. 2016(2) Apex Court Judgments 372 (S.C.) : 2016(2) Civil Court Cases 646 (S.C.) followed...........
Evidence Act, 1872, Section 138 -- Cross-examination - Examination-in-chief of a witness cannot be taken into consideration to fasten any liability, unless opposite party is afforded a reasonable opportunity to cross-examine said witness as regards information tendered by him in his examination-in-chief...........
Evidence Act, 1872, Section 138 -- Cross-examination - Rape case - Incomplete statement of prosecutrix and complainant in the absence of their cross-examination is unworthy of credence - However, it assumes significance in view of discrepant statement made by prosecutrix and complainant in their chief examination...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........
Evidence Act, 1872, Section 137 -- Cross examination - Matrimonial dispute - Cross examination must be concluded within a reasonable time limit - Right of husband to cross examine wife closed as he was not present to cross examine wife even after cross examining wife on date after date - Such cross examination in matrimonial matters is nothing more than sheer harassment -..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - If a witness is not subjected to cross-examination by the other side, his testimony is deemed to have been accepted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife neither filed rebuttal of averments made in the petition u/s 13 of the Act nor any evidence tendered - Husband also not subjected to cross examination - Family Court rightly concluded that wife deserted husband - Divorce rightly granted to husband...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Execution of promissory note in favour of plaintiff proved by PWs - Plaintiff had financial capacity to give loan - PWs deposed that payment was made in their presence - No contradiction in the evidence of PWs during cross-examination - Signatures of defendants on promissory note was not..........
