Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim is opined to be between 16-17 years as per medical examination report - Mother of victim has categorically stated that victim has never gone to any school - Defence has also not brought on record any evidence in respect of age of victim - However, there is clear cut evidence of victim girl..........
Indian Penal Code, 1860, Section 307, 341 -- Attempt to murder - Investigating Officer not examined during course of trial - It was fatal to prosecution case since I.O. could have adduced expected evidence and his non-examination creates a material lacuna in the effort of prosecution to nail appellant, thereby creating reasonable doubt in the prosecution case...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - At the stage of deciding an application U.O.7.R.14(3) CPC Court is not required to see whether document is forged, concocted or unauthorized - Evidentiary value or reliability of document is required to be seen at the time of marking exhibit and/or at the time of leading evidence...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376D, 397, 376(3), 376(DA), 395, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Juvenile - Bail - Rape - Appellant belongs to a poor and uneducated family belonging to a Scheduled Caste community, struggling for its sustenance and appellant was..........
Evidence Act, 1872, Section 102 -- Onus to prove - Will - Onus of proving Will is on the propounder and in the absence of suspicious circumstances surrounding the execution of Will on proof of testamentary capacity and signature of testator as required by law, is sufficient to discharge the onus - Where, however there are suspicious circumstances, onus would be on the..........
Will -- Due execution - Attesting witnesses have proved its due execution - There is no evidence to suggest that any fraud was played in its execution - If a Will appears on the face of it to have been duly executed and attested in accordance with the requirements of statute, a presumption of its due execution and attestation applies - Deposition of witnesses that..........
Indian Penal Code, 1860, Section 363, 311, 370(5) -- Offence u/Ss.363, 311, 370(5) IPC - Bail - Issue is whether the High Court committed any error in passing various orders releasing the accused persons on bail? - It is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of..........
Family Courts Act, 1984, Section 7 -- Return of gold ornaments and household articles - Wife succeeded in establishing that gold ornaments weighing 59-1/2 sovereigns are in custody of respondent and respondent has not returned it - Respondent directed to return gold ornaments weighing 59-1/2 sovereigns or its market value as on the date of return to petitioner - There is..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim duly corroborated by medical evidence - Witnesses of fact i.e. father of victim, victim herself and mother of victim, have supported prosecution case in all material aspects - Injury reported on the body of victim also corroborates prosecution story - Prosecution has successfully proved its case against..........
