Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be thrown out at threshold taking into consideration external aid such as revenue records...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of law and fact and where plaint discloses cause of action, it is only after framing of issues and parties after leading their evidence, issue in regard to suit being barred by limitation can be decided and plaint cannot be thrown out at..........
Criminal trial -- Except the official witnesses, no independent witness has supported the case of prosecution - Accused cannot be convicted on the reasoning that medical evidence is corroborated by statement of witnesses recorded u/s 164 Cr.P.C. - Accused acquitted...........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 80 -- Statement u/s 164 Cr.P.C. - Presumption u/s 80 Evidence Act cannot be drawn to rely upon statements of witnesses recorded u/s 164 Cr.P.C during investigation to render a conviction...........
Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C - Not a substantive evidence - It can be used to corroborate statement of a witness and to contradict a witness...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Minor girl's infatuation with alleged kidnapper cannot be permitted as a valid defence, as it would amount to undermining essence of legislative intent u/s 361 IPC...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Merely because accused has claimed that marriage had been performed with prosecutrix in temple, same cannot sanctify offence as prosecutrix was a minor and under 15 years of age at the time of incident...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Consent given by prosecutrix for alleged physical relationship being a minor cannot be treated as a consent in the eyes of law...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Kidnapping and rape - Sexual exploitation by accused in the case clearly falls within aggravated penetrative assault as defined u/s 5 of POCSO Act punishable u/s 6 of POCSO Act, even if it is claimed that act was consensual...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Kidnapping and rape - Prosecutrix was aged only about 14 years and 6 months at the time of incident - Contention that age of prosecutrix has not been correctly assessed by investigating agency can be duly..........
