Indian Penal Code, 1860, Section 448, 354, 506 -- Offence u/ss 448, 354, 506 IPC - Evidence of all PWs is cogent, reliable and trustworthy - However, trial Court committed an error in not considering the evidence of PWs in correct prospective though evidence of PWs were corroborating with each other - Accused acquitted on some minor inconsistencies which were not fatal to..........
Criminal Trial -- Prosecution to prove its case beyond reasonable doubt and conviction cannot be based merely on basis of presumption to rule out presence of accused...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Sale deed executed on basis of Power of Attorney which original plaintiff no.3 never executed - There was specific denial of very existence of Power of Attorney - Onus was thus, on defendants to have either produced Power of Attorney on record or to have led cogent evidence to..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - All the PWs except father of victim did not support prosecution case - Not a single witness corroborated the evidence of victim in their depositions - Father of victim was not present near the place of occurrence and he heard the incident from victim - Evidence of father of victim being in the nature of hearsay..........
Indian Penal Code, 1860, Section 406 -- Misappropriation of stridhan - Description of ornaments given at the time of marriage hand written - No signature of a witness on it - Not clear as to who prepared this list and who has hand written the ornaments described in the list - List not duly proved as per provisions of Evidence Act - There is no cogent and sufficient..........
Agreement to sell -- Specific performance - Readiness and willingness - Merely averring by plaintiff that he was waiting with balance consideration and believed that defendants would clear encumbrance over suit property, is insufficient to prove that plaintiff was willing to perform his obligation under the contract...........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Deceased and complainant coming together on a scooter when accused attacked deceased - Deceased was inflicted injuries by accused but complainant did not receive a single injury - Presence of complainant is highly doubtful at the place of occurrence - Accused were armed with rifle and hockey stick, but medical..........
Indian Penal Code, 1860, Section 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Circumstantial evidence - Medical evidence shows that prosecutrix was raped and killed - Accused and co-accused admitted their presence in the function where prosecutrix..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), 29 -- Penetrative sexual assault - Presumption u/s 29 of the Act - Accused has committed penetrative sexual assault on a child and caused her death - Presumption u/s 29 of the Act stands against him - However, accused neither discharged reverse burden by discrediting credibility of these..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Plea of alibi - Accused pleaded that he had gone for doing labour work at the time of incident - However, accused has not examined any witness in his defence - Except bald statement of hostile witness/PW3, nothing on record to suggest that at the time of incident, accused was not present on the..........
