Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 11 -- Murder of 5 years old daughter by her own mother - Plea of alibi - Accused was arrested on the very day of incident after nine hours at the bus stand - PWs stated that they saw accused at the time and place of incident - Even, two independent witnesses also testified that they saw accused with or near..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of 5 years old daughter by her own mother - Prosecution evidence categorically established that deceased was last seen alive with accused only - Accused required to explain circumstances leading to demise of deceased - However, accused failed to explain the same and upon her failure burden u/s..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Three doctors sought to be summoned by complainant were already mentioned in the list of witnesses filed along with challan - Application for summoning those witnesses were allowed by trial Court, however, on account of their incomplete address those witnesses could not be served and..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Dead body of deceased discovered on the disclosure statement of accused J & P - Said facts are proved and established by constables - Even, test identification parade and dock identification also proves that accused were seen with deceased - Case against accused J & P is proved beyond reasonable doubt - Accused..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Accused `B' was arrested after one year from the incident - Test identification parade was also conducted after 13 months from the incident - Police officers were not taken to identification parade - Prosecution relies on recovery on key allegedly from accused `B', but this evidence is also disbelieved, as not..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Execution of promissory note in favour of plaintiff proved by PWs - Plaintiff had financial capacity to give loan - PWs deposed that payment was made in their presence - No contradiction in the evidence of PWs during cross-examination - Signatures of defendants on promissory note was not..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Evidence of DNA test to rebut conclusive presumption available u/s 112 of the Act can be allowed only when there is compelling circumstances linked with access. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Matrimonial dispute - Children have right not to have their legitimacy questioned frivolously before a Court of law, is part of their right to privacy - They are not subjected to forensic/DNA testing particularly when they are not parties to divorce proceeding. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Access and non-access must be in context of sexual intercourse i.e in the sexual sense - There could be non-access between husband and wife despite co-habitation - Conversely even in absence of actual co-habitation there could be access. (As per judgment of B.V.Nagarathna, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Conclusive presumption of paternity of a child born during subsistence of a valid marriage is that child is that of husband and it cannot be rebutted by mere DNA test report - What is necessary to rebut is proof of non-access at the time when child could have been begotten, i.e at the time of its..........
