Indian Penal Code, 1860, Section 323, 342, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(da), 3(1)(dha), 3(2)(ka) -- Offence u/ss 323, 342, 504, 506 IPC and Ss. 3(1)(da), 3(1)(dha), 3(2)(ka) of SC/ST Act - Summoning of accused - Offence took place at a public road in day time in the presence of several persons and..........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Aggravated sexual assault - Testimony of prosecutrix - There is no bar for Court to arrive at the conclusion of guilt of accused on the basis of uncorroborated testimony of prosecutrix if she is found to be trustworthy and her evidence is of sterling quality...........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Aggravated sexual assault - Sole testimony of victim - Victim girl alleged that appellant had pushed his penis into her vagina and raped her for one hour - However, medical evidence does not support testimony of victim girl - Rather, it belies her testimony as no internal or external injury was found on..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 70(1), 77, 351(2), 69, 75(1), Information Technology Act, 2000, Section 67A -- Bail - Gang rape - Petitioner has been assigned the role of facilitating the participation of other persons who are accused in the case - There is no possible reason or explanation given by petitioner..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Prosecutrix is a major lady aged about 21 years and undisputably she continued to have physical relationship with appellant at least for about one year - She admittedly passed B.Sc, so she is intelligent enough to understand the significance and consequences of moral or immoral quality of act which she was consenting to..........
Evidence Act, 1872, Section 30 -- Confession of a co-accused - Confessional statements made by accused during interrogation can be considered or looked into to connect the other co-accused - Such disclosure statement of co-accused can certainly be taken into consideration for providing a lead in the investigation and even during trial it is admissible u/s 30 of the Act...........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Expert opinion - Will in question was produced by defendant after closing evidence of plaintiff - Since defendant has led expert evidence in respect of said will thereafter opportunity has to be granted to plaintiff to rebut said evidence - It is also not denied that plaintiff had closed his evidence only..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of 12 bore country made pistol from appellant `A' - No bullet was recovered from body of deceased though there is no evidence of any exit wound - Further, doctor candidly admitted to the effect that what was initially stated by him to be a gunshot wound was actually caused by a stabbing weapon - In consequence,..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Third party objections - Impugned order of rejection of application by Trial Court would disclose that no trial was conducted, no evidence was let in and no opportunity was given to petitioners to adduce evidence - Appendix of evidence was recorded as nil - Impugned order set aside - Matter remanded to trial..........
