Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 11 -- Dowry death - Plea of alibi - Accused were not at home on the date of incident - Prosecution has not produced even an iota of evidence to prove it otherwise - Prosecution failed to prove or even show that deceased was treated with cruelty, connected with dowry demands which led her to commit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Record sought to be produced by petitioner was very much in the knowledge of petitioner since beginning - But despite having availed numerous opportunities, he did not make any endeavour to bring the same on record -..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - At the stage of hearing on the charges entire evidence produced by prosecution is to be believed - In case no offence is made out then only an accused can be discharged - Truthfulness, sufficiency and acceptability of material produced can be done only at the stage of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court while passing the discharge order did not even referred to the evidence collected by Investigating Agency produced alongwith charge sheet in its entirety - Rather there is selective reference to the statements of some of the persons recorded during investigation - It shows that there was total non..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Four different versions regarding injuries received by deceased are coming from the side of defence - Such inherent contradictions cannot result in acquitting accused - Clinching evidence produced by prosecution in the form of independent witnesses proving guilt of accused - No error committed..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction petition - Documents sought to be produced on behalf of tenant were not completely alien to controversy - Tenant is yet to begin his evidence - No substantial prejudice shall be caused to other side in case the documents sought to be produced by tenant are allowed to be placed on record..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Determination of age of victim - Kidnapping and sexual assault - No certificate regarding age of victim girl has been exhibited by any of PWs to prove age of victim - Seizure list may not be regarded as a substitute of birth certificate for the purpose of R.12(3) of JJ Rules when no explanation..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Accused has nowhere mentioned as to how recalling of complainant is essential for just decision of case - Only ground taken by accused is that due to inadvertence, his counsel did not ask questions regarding veracity of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Certified copies of documents, which form part of judicial record, sought to be produced by plaintiff - Relevancy and evidentiary value of documents shall be gone into by trial Court at the time of final arguments - Application allowed...........
