Indian Penal Code, 1860, Section 294(b), 352, 354 -- Offence u/ss 294(b), 352, 354 IPC - False complaint was lodged due to previous enmity between parties - All the independent witnesses turned hostile - There is delay of more than two days in lodging FIR - PW1 had not whispered anything regarding utterance of caste word in public place or utterance of caste word in chief..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has made specific assertion of cruelty against husband - Despite cross-examination of PW1, nothing was elicited by husband and husband has failed to adduce evidence, which clearly establishes that allegations are true and same are not controverted by husband by adducing proper..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Family Court dismissed divorce petition on the ground that wife not joined the matrimonial home, as petition for restitution of conjugal rights filed by husband was allowed - However, Family Court erred in not considering the matter on its merits as wife has specifically pleaded the..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - If a witness is not cross-examined, statement of witness has to be taken to be admitted. 2016(2) Apex Court Judgments 372 (S.C.) : 2016(2) Civil Court Cases 646 (S.C.) followed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Wife has given the evidence with regard to photographs taken at the time of their marriage and her evidence in this regard was not at all shaken during cross-examination - Birth certificate of child shows husband as father of the child - Even, husband refused to go for DNA test to..........
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..........
Evidence Act, 1872, Section 118 -- Child witness - Child of tender age can be allowed to testify, if he has intellectual capacity to understand the questions and give rational answers...........
