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..........
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..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity - Partition suit - Paternity of plaintiff/son is disputed by defendant/father - It is thus, necessary to decide whether plaintiff is son of defendant or not, for which DNA test is essential - Application for DNA test allowed - However, liberty is granted to defendant to comply with or disregard order requiring parties..........
Evidence Act, 1872, Section 102 -- Burden of proof - Document executed by pardanashin woman - It is presumed that document executed by pardanashin woman is not within her knowledge and burden of proving same lies on person who relies on document...........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1)(d), 13(2) -- Anticipatory bail - Accused joined investigation for the last over three years - Arrest of accused not considered necessary at any point of time during this long period of investigation - Apprehension that accused may tamper with evidence being in..........
Evidence Act, 1872, Section 3 -- Evidence - Contents of scene mahazar cannot be treated as evidence to prove any facts referred to therein unless and until witness, who pointed out place of occurrence was examined before Court...........
Evidence Act, 1872, Section 33 -- Statement of witness - Evidence given by witness in a previous judicial proceeding or in a later stage of same judicial proceeding when witness is dead, is relevant for purpose of proving the matter, provided witness examined by prosecution was subjected to cross-examination...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Fatal accident - Rash and negligent driving - Nothing to indicate that accused was driving vehicle at a speed which would justify holding that he was driving vehicle rashly and negligently - Width of road not proved - Even, tyre marks not proved - No evidence on record to hold that death of two persons was direct..........
