Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Muslim Law -- Maintenance - Denial of marriage - Husband contracted marriage through Muslim law - Photographs of marriage and relatives of wife who attended marriage deposed before the Court - For conducting Muslim marriage, certificate from Jama Ath is not necessary - Evidence on record clearly proves that by Nikah ceremony marriage was contracted - Once marriage is..........
Evidence Act, 1872, Section 112 -- Second DNA test application - Maintainability - Paternity of child - Earlier DNA test was ordered and samples were taken in presence of Advocate Commissioner appointed by Court below - Report was submitted, there cannot be any legitimate apprehension on part of petitioner that process of DNA test was manipulated - Apprehension expressed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Case of blind murder based on circumstantial evidence - Dead body not identified by complainant - Recovery of knife does not relate with commission of offence - Human blood stated to be found on knife and handkerchief used by deceased but it has not been compared..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child is a necessary party and has right to be heard through guardian to decide an application for DNA test - Fact that mother was heard while deciding application is not sufficient - Mother was heard in the matter not in the capacity of guardian of minor but in her individual capacity only...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child born to respondent during continuation of a valid marriage - Petitioner has not shown that he had no access to respondent at that time when child was begotten - Presumption u/s 112 of the Act comes into play - Proceeding instituted by petitioner is for granting decree of declaration that child born to..........
Indian Penal Code, 1860, Section 302, 376(2)(f), 342 -- Murder and rape - Death sentence - Circumstantial evidence - Eleven incriminating circumstances were proved on record against accused, which includes circumstance of last seen - Conduct of accused is gone into by Court when mother of deceased went to his house to enquire about her daughter and accused stated that he..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughter - Legitimacy of child is disputed by father - However, father declined to undergo DNA test before Court and refused to give his specimen handwriting or blood samples - Even, father not examined a single witness to corroborate and support his stand and simply examined himself and none of his..........
Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole..........
Evidence Act, 1872, Section 112 -- DNA test - DNA test can be ordered in appropriate case where there is necessity - DNA test cannot be ordered in a routine manner...........
