Indian Penal Code, 1860, Section 376, 354, 506, 34 -- Rape of minor girl by her own father - Victim aged about 14 years stated that her father/accused committed multiple times sexual intercourse since she was about 11 years of age - She became pregnant and her pregnancy was forcibly terminated by accused - DNA report establishing accused as father of unborn child -..........
Indian Penal Code, 1860, Section 376 -- Rape - In cases of rape, law does not require corroboration and therefore, if evidence of prosecutrix is believed, there is no bar to convict accused on her testimony alone...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 118 -- Competent witness - Offence u/s 376 IPC - Prosecutrix is considered as a competent witness vide S.118 of the Act...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 133, 114B, 114A -- Offence u/s 376 IPC - As prosecutrix is not an accomplice within the domain of S.133 of the Act therefore, her statement does not require corroboration within the meaning of Ss.114B, 114A of the Act...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Delay in FIR - Offence u/s 376 IPC - Delay per se is not a mitigating circumstance for accused when accusation of rape are involved...........
Indian Penal Code, 1860, Section 376(d), 506(2), 114, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Delay of 9 months in lodging FIR not satisfactorily explained - Even, DNA test confirms that none of the accused person are biological father of the child delivered by prosecutrix -..........
Indian Penal Code, 1860, Section 500 -- Defamation - Legal notice - It was stated that complainant prepared the forged documents and are trying to grab the whole property - In the last para it was mentioned that if accused is not given his one third share, he will institute court proceedings - Accused being successor has every right to defend the Will - Act of accused does..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
Indian Penal Code, 1860, Section 302, 201, 511, 120B, 34 -- Murder - CCTV footage - Merely because accused seen going in and out of place where body of deceased was found, does not ipso facto point to their involvement in crime - This evidence is not sufficient to overturn the finding of acquittal because it does not conclusively establish that accused were involved in the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is the mother-in-law and is in custody since 2018 - Trial in the case will take sufficient long time as no prosecution witness has been examined so far, hence, bail granted...........
