Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Hearsay evidence - Where FIR and statement of victim u/s 164 Cr.P.C provides direct corroboration, hearsay evidence of mother of prosecutrix does not materially undermine prosecution case - Conviction..........
Evidence Act, 1872, Section 3 -- Evidence - Conversation between parties during process of mediation, cannot form basis or evidence for disposal of suit...........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Victim has not supported prosecution case and has exonerated accused in her examination - Material exhibit sent to Forensic Lab for examination did not find anything incriminating in them - Merely by I.O. stating that accused was brought at police..........
Evidence Act, 1872, Section 17 -- Admission - Admission is the best evidence against maker and unless satisfactorily explained is conclusive as to the facts admitted...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Order for DNA test cannot be given in routine manner and can be directed in specific circumstances where any person proves that there was no chance for cohabitation between parties during relevant period...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Proceedings under PWDV Act - Husband has merely stated that his wife remained in matrimonial house for few days and child is not his biological child - Courts below have given specific findings while dismissing the application - No interference warranted in it - Application rightly dismissed...........
Indian Penal Code, 1860, Section 306, 386, 506, 34 -- Abetment of suicide - Alleged suicide note which forms sole basis of prosecution is itself disputed and its genuineness remains unsubstantiated - Even, it does not contain any proximate or specific act on the part of petitioners amounting to abetment - There is no cogent evidence of any instigation, intentional aid or..........
Evidence Act, 1872, Section 102 -- Will - Burden to prove legality and validity of Will was casted upon defendants being the beneficiaries as per issue framed by trial Court - However, no prejudice was caused to defendants on account of an isolated observation made by Trial Court in its judgment and decree that onus to prove legality and validity of Will was upon..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Ranbir Penal Code, 1989, Section 302, 34, 201, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/Ss. 302, 201, 34 and Ss.4, 25 Arms Act - Petitioner in custody for seven years - Even, co-accused died during pendency of trial - Moreover, entire prosecution case based on circumstantial evidence - Further, material..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Husband is not required to prove adulterous act beyond a reasonable doubt - Adultery typically occurs in secrecy, making direct proof rare - Adultery can often be established through circumstantial evidence, provided circumstances lead..........
