Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(v), 3(i)(xii) -- Rape - In statement u/s 161 Cr.P.C. recorded on the date of incident victim did not allege commission of rape - However, victim developed a new story about..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Trust property - Suit property was acquired by State Government as per objectors - However, no evidence on record to substantiate such fact - Moreover, plea of acquisition taken first time during execution proceedings - Even otherwise, properties of religious purposes having construction..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Single gun shot - Occurrence took place on the spur of moment - There was quarrel between complainant and accused and deceased who was mother of complainant came in between - Fire was triggered by accused which hit the body of deceased - No enmity between accused and deceased - Dying declaration of..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused has already served the sentence of 10 years and 7 months with remission - He would have lost his job because he was a police constable - Sentence of accused thus, reduced to period already undergone by him with fine of Rs.5000 with further sentence of S.I of 3 months in case of default of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Bail - Complainant was not alive on the date of passing impugned orders of rejection of bail - Such orders could not have been passed as complaint itself had abated - Impugned orders of rejection of bail not legally sustainable and thus, set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Indian Penal Code, 1860, Section 376AB, 506(I) -- Penetrative sexual assault - Testimony of victim - Victim was 6 years old at the time of incident - Statement of victim was recorded u/s 164 Cr.P.C and she stated about the incident almost in same manner, in which she deposed before Court - Though..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Answer given by accused when he was questioned u/s 313(1)(b) Cr.P.C, is only ipse dixit of accused - PW1 was not confronted with specific allegations as was projected while replying at the time of questioning u/s 313(1)(b) Cr.P.C - There was thus, no occasion for PW1 to answer the allegations that was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in plaint only are to be seen and neither contents of application filed U.O.7.R.11 CPC nor any defence of defendant can be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed and permanent injunction - Nothing in plaint to draw an inference that prior to 20.2.2022, plaintiff was aware of execution of sale deed by his father in favour of defendant - Suit filed in the year 2022 not barred by limitation...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for cross-examination - Witnesses though appeared in witness box but not cross-examined by counsel of accused - This fact is not disputed that immediately thereafter application u/s 311 Cr.P.C filed for re-summoning of witnesses - Accused is deprived of opportunity of cross-examination - One last opportunity..........
