Indian Penal Code, 1860, Section 376, 452, 506(2), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Accused used to take victim to Kanpur for treatment and on the date of incident he stayed in a guest room where he committed rape with victim - Statement of victim u/s 164 Cr.P.C corroborated the statement given by victim as PW2 - Plea of false..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Accused on some other day came to house of victim and molested her and on her crying, her mother came there and accused fled away - Mother of victim is also eye witness of said fact - She also stated that even before 3 years from the date of making statement before trial Court accused molested victim - Both..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation regarding desertion by wife leaving her matrimonial house with her brother and brother-in-law without informing husband and her in-laws, not proved, as name of brother-in-law has not been disclosed in the petition or evidence of husband and his witnesses - Evidence of PW3,..........
Protection to life and liberty -- Property dispute between son and mother - Son sought protection against his mother - Son got a General Power of Attorney of share of his mother in his name to deal with house in any manner and by way of present petition, he wants to create grounds to oust his own mother from the house, who is a senior citizen and further to sell it - Said..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 436 -- Anticipatory bail - Offence u/s 436 IPC - House of a person set on fire - FSL report shows that no petroleum product was found on the material sent for analysis - Matter in the case is required to be thoroughly investigated - Accused held, not entitled to anticipatory bail...........
Indian Penal Code, 1860, Section 397, 392 -- Robbery - Identification - Apart from the evidence of informant, there is no other evidence - Even capacity of informant to sufficiently identify accused is doubtful - Mere factum of recovery of some money from house of accused is not by itself sufficient to sustain conviction of accused - Accused acquitted...........
Custody of major daughter -- Writ of habeas corpus - Petitioner/father of corpus sought her custody by filing writ petition - Daughter is hardly aged 18 year and 3 months and has developed relations with respondent and she wanted to marry him - She expressed her desire to go with her parents but also expressed her desire to maintain relationship with respondent - Parents..........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Circumstantial evidence - Allegation that accused being pujari of temple committed theft in temple - Recovery of Rs.14,300 from residential quarter of accused is the evidence against accused in which his son was also residing - Currency notes were lying in different pages of religious books in the..........
Partition -- Joint Family Property - Residential property was purchased in the name of defendant in 1979 - Defendant contended that partition effected in 1960 and there was no joint family when said property was purchased and properties divided by entering into agreement in 1981 - However, neither any agreement was filed or proved nor there is any other evidence on record..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Circumstances as evinced from statement of witnesses are not forming the chain complete to point guilt of accused - Except the circumstances that accused and deceased are husband and wife and they were present in the house of informant at the time of occurrence, nothing more can..........
