Power of Attorney Act, 1882, Section 2, Indian Contract Act, 1872, Section 201 -- Power of attorney - Power of attorney executed by several persons which cannot be said to be coupled with interest, is not automatically terminated on the death of one of principals - It will depend on facts and circumstances of each case and recitals in the documents as well as the object..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused and victim being legally married husband and wife and victim being major, sexual intercourse between two if forcible cannot be considered rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim left her house along with accused without informing her parents or any of her relatives - Age of victim was around thirty years at the relevant time - They got married and after their marriage, they lived together as husband and wife in the house of accused for one and half months - Victim did not raise any hue and cry..........
Indian Penal Code, 1860, Section 53 -- Death sentence - Role played by accused is similar with all other accused and case of accused could not have been segregated to impose death penalty upon him - Case does not fit in the category of `rarest of rare cases' - Death sentence set aside...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Minor nature of injuries is not sufficient reason to not frame a charge u/s 307 IPC...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Question of intention to kill or knowledge of death in terms of S.307 IPC is a question of fact and not one of law...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Intention may not always be proved by hard evidence and instead may be required to be inferred from facts and circumstances of the case...........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Single person cannot be convicted u/s 396 IPC - Since no material on record that five persons actually participated in the offence, offence u/s 396 IPC is not made out - Appellant acquitted...........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Non-examination of natural witnesses and many other neighbours who admittedly came out of their houses to witness the offence, coupled with the fact that projected eye witnesses failed to explain their presence at the place of occurrence, renders the entire version of prosecution improbable and..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Testimonies of eye witnesses - Natural presence of eye witnesses at the place of occurrence is under serious doubt, as naturally present public persons were not examined as witnesses - Conduct of eye witnesses also appears to be unnatural considering that they were all relatives of deceased - Evidence..........
