Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Non-examination of sole eye witness - No reason given by prosecution as to why brother of deceased who is eye witness to incident not examined - There is no attempt to recover knife from accused, as it is specific case of prosecution that accused committed the offence by threatening to harm prosecutrix - Even, no..........
Civil Procedure Code, 1908, Order 43, Rule 1(c), (d) -- Appeal - When there is conditional order allowing an application either U.O.9.R.9 or U.O.9.R.13 CPC with a default clause of rejection of application, it would squarely come under either of O.43.R.1(c) or O.43.R.1(d) CPC - Order is thus, appealable...........
Civil Procedure Code, 1908, Section 24 -- Matrimonial dispute - Transfer of petition - When a transfer is sought by wife in consideration of her convenience, that request shall ordinarily be allowed by Court...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Dead body of deceased recovered after 2 days when deceased was allegedly seen alive in company of accused - Deceased was found dead in his own house, where accused did not reside and there was no evidence as to when accused left the house and that no one else could have entered..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of Khanjar (knife) - Recovery was denied by accused and there was no serologist report to connect it with the crime - Moreover, High Court on strength of circumstances appearing in the evidence, doubted date of arrest and upon consideration of circumstances, accepted possibility of arrest..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - No evidence to demonstrate that accused had any prior relations with PW3 and therefore made confession to him - Accused denied making any such confession - Conviction cannot be made on such weak type of evidence - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Incriminating circumstances were not proved beyond reasonable doubt - They do not form a chain so complete from which it could be inferred with a degree of certainty that it is accused and no one else who within all human probability committed the crime - In such..........
Civil Procedure Code, 1908, Section 92 -- Suit for permanent injunction by Public Charitable Trust - Leave of Court to file suit u/s 92 CPC - S.92 CPC is not applicable to such a suit as suit does not relate to removal of a trustee, appointment of a trustee, direction to a trustee, account and enquiries of the trust, usage of the trust property for a particular purpose,..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Execution proceedings are being subsisting for over 18 years - DH is not being able to enjoy the fruits of litigation on account of inordinate delay caused during process of execution of decree - Application for stay of execution rightly rejected...........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of child/eye witnesses - Eye witnesses immediately disclosed the incident to PW6 who was also present at the spot - There is no exaggeration in the statements of eye witnesses and they have stuck to their statements made during investigation in material particulars - Statement of child witnesses have been..........
