Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Prosecutrix herself admitted that she is about 20 years of age and got married with another person - No evidence on record to prove that prosecutrix was taken away from custody of her parents - Prosecution failed to prove that..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Commission of adultery and living in adultery have its own connotations and each has to be established by cogent evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Living in adultery - Husband maintaining some doubts about relationship of wife and one `P' - True that husband has only spoken about some instances of meeting together of the parties, but that evidence is highly insufficient to hold that wife is living in adultery with `P'...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Plaintiff failed to prove its case - Trial Court dismissed the case - Appellate Court while affirming finding of trial Court has recorded a finding that plaintiff cannot take advantage of lacuna in the case of defendant to obtain a decree in his favour as plaintiff has to stand on..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Delay in filing application u/s 391 Cr.P.C cannot be held to be fatal, as appellate Court had suo moto power to exercise discretion u/s 391 Cr.P.C and call for additional evidence after recording reasons therefor...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Once Court allowed application u/s 391 Cr.P.C, Appellate Court was not justified in dismissing main appeal in which said application was filed, as interlocutory order allowing application would not survive independently once main appeal was dismissed...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Consent of complainant for closing his evidence, cannot be held against him while entertaining application u/s 391 Cr.P.C, as in any event, irrespective of his willingness or otherwise, appellate Court was always at liberty to exercise power independently u/s 391 Cr.P.C, once it was held..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Prior dispute between parties regarding bada, which led to incident, is a motive of crime as stated by informant - No significant cross-examination was undertaken by defence from informant on this aspect - Factum of motive to commit offence is well established against accused...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Recovery of weapon of offence - Accused gave voluntary information u/s 27 of Evidence Act which led to recovery of weapon of offence i.e blood stained knife - When accused was arrested, he was wearing blood stained clothes which was seized - Blood stained knife, blood stained clothes and soil..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused called the unsuspecting deceased out of his house on fateful afternoon and inflicted stab blow by knife on his chest - Accused was carrying a weapon with him thus, incident was apparently perpetrated in a well planned manner with full premeditation - Intention of accused while inflicting..........
