Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - JDs filed suit for seeking injunction to restrain DHs from taking forcible possession otherwise than due process of law - In executing Court, DHs seek to recover possession by executing the decree which has attained finality upto the level of Hon'ble Supreme Court - This is certainly not a..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Tenant seeking restraint from illegally and forcible dispossession - At one point of time plaintiff claimed to be owner of the house in dispute before the government department whereas in the suit she claims to be tenant - Plaintiff not able to prove her tenancy and she did not have any rent receipt in her..........
Indian Penal Code, 1860, Section 376 -- Rape - Love affair between parties - Prosecutrix being a major lady had love affair with accused and they enjoyed sex many time - She became pregnant but she did not even divulge such fact till the date of her delivery of a male child - It cannot be said that prosecutrix was subjected to forcible sexual intercourse by accused without..........
Indian Penal Code, 1860, Section 376(2)(I), 376D -- Gang rape of partially mentally retarded dumb woman - Medical evidence - Absence of injury on genital of prosecutrix cannot absolutely wipe out possibility of rape while external injuries are quite suggestive of forcible sexual intercourse with her - Moreover, injuries on left thigh and cheek and other parts of body of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 455, 427 -- Anticipatory bail - Offence u/ss 455, 427 IPC - CCTV footage of incident displayed in open Court - Presence of accused in entire occurrence noticed - Accused directly involved in breaking open door of room and removing articles lying there with help of co-accused - They damaged..........
Indian Penal Code, 1860, Section 363, 366A, 376, 511 -- Kidnapping Attempt to commit rape - Attempt made for forcible sexual intercourse but accused could not accused - Unbelievable when prosecutrix was at the mercy of accused for a period of three days - Two conclusions which can be drawn are : (i) accused did not try to establish sexual relations; (ii) sexual relations..........
Protection of Children from Sexual Offences Act, 2012, Section 5(n), 6 -- Sexual assault of girl by her own father - Testimony of prosecutrix - Prosecutrix was repeatedly ravished from 5th standard by her own father - Testimony of prosecutrix was reliable and she narrated the entire story which is corroborated by medical evidence - Prosecutrix was even beaten by accused..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Consenting party - Age of prosecutrix as per ossification test in the absence of any other evidence is above 16 years - Both accused and prosecutrix were familiar with each other and she was on visiting terms at accused's residence - Nothing on record to show that prosecutrix was in forcible detention, as..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - As per prosecutrix, accused committed forcible sexual intercourse - However, there is no injury on the private parts of prosecutrix - Even, medical report indicates that prosecutrix is habitual to sexual intercourse, thus, medical evidence has not supported the case of..........
Indian Penal Code, 1860, Section 376 -- Rape - False pretext of marriage - Accused allegedly committed forcible act of sexual assault on prosecutrix and continued to have sexual intercourse with prosecutrix on the pretext of marriage, consequently she conceived and delivered a child - Accused is the biological father of child born to prosecutrix - Absence of a medical..........
