Indian Penal Code, 1860, Section 307, 323 -- Nature of offence - Allegation that accused attacked deceased with pestle and co-accused attacked PW1 with sticks - However, pestle allegedly used by accused was not recovered - There is no medical evidence to support injuries with intent punishable u/s 307 IPC - Act of accused can be only punished u/s 323 IPC and not u/s 307..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C - Statement of a witness recorded u/s 164 Cr.P.C is a previous statement and can only be confronted in accordance with S.145 of Evidence Act and relevant portion should be made part of deposition - Procedure for marking the statement for the reason witness accepting his statement u/s 164 Cr.P.C. is..........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Age of prosecutrix - When exact age of prosecutrix could not be determined and only basis for conviction is that prosecutrix was below 18 years, though her evidence on record prove that she consented for going with accused to all places and also for sexual intercourse with accused, benefit of doubt..........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3(r)(w), 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Rape - Victim is self condemned witness totally contradicting her own evidence - Parents of victim did not support prosecution case - Scribe of complaint stated..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - A-1 assaulted deceased by means of knife causing an injury on her neck which can be said to be such an act with full knowledge that it would in all probability cause her death - There was no provocation from the side of deceased, who had a quarrel and fight with A-2 - Evidence shows that A-2 facilitated assault by..........
Indian Penal Code, 1860, Section 304B, 498A, 120B -- Dowry death - Cruelty - Allegation against husband - Death of deceased occurred within just about 6 months from date of marriage - Death occurred from injuries received before death as per medical evidence, cause of death was not drowning - Deceased told her parents about dowry demand and harassment during her first..........
Indian Penal Code, 1860, Section 304B, 498A, 120B -- Dowry death - Cruelty - Allegation against mother-in-law and brother-in-law - No specific role with regard to demand of dowry, nor has any specific instance of cruelty and harassment been ascribed to accused persons except for general assertion - Even, there is no specific evidence led by prosecution relating to..........
Evidence Act, 1872, Section 3 -- Document - Genuineness of document has to be proved by plaintiff who relies upon document and thereafter it is for defendants to dislodge the credibility of document as fake, sham and bogus document...........
Evidence Act, 1872, Section 102 -- Burden of proof - Initial onus is always upon plaintiff to prove the fact and if he discharges that onus and makes out a case which entitles him to a relief, then onus shifts to defendant to prove those circumstances, if any which would disentitle plaintiff to the same...........
Will -- Proof - Will executed and registered in 1992 and testator remained alive for a period more than 10 years - It is proved that executant as well as both the attesting witnesses were present not only at the time of execution of Will by scribe but they were also present at the time of its registration - No evidence on record that Will was result of undue influence or..........
