Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Death by burning - Accused admitted that at the time of occurrence he was present in the house where deceased died - But he failed to explain how his wife has caught fire and died - False explanation of accused in his examination u/s 313 Cr.P.C would provide missing link..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused was known to prosecutrix and consequently latter could not have suspected his evil intention when he initially entered the house - Suddenly, accused caught her and gagged her mouth and raped her - Thereafter, accused threatened prosecutrix by saying that he kept secret machine in the room and would kill her and her..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 365, 285, 148, 149, 452, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner does not want to continue with petition after arguing for some time - Bail application dismissed as withdrawn - However, since the petitioner is in custody since June 2018 and only one PW out of..........
Criminal Procedure Code, 1973, Section 227, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Discharge - Offence u/ss 3, 4 of PMLA - Several documentary evidence made available against accused in the form of confession statement of A-1, husband of accused as also confession statement of accused herself - Materials gathered by complainant against accused have to be..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Victim was minor at the time of incident - She in unequivocal words stated that accused after calling her to her house had inserted his penis in her vagina - Statement of victim not confronted by defence in any manner - Explanation of accused that he was called by victim to her house stating that..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - No reference about proposed documents either in pleadings or in evidence - Ground on which petitioner are prevented from filing those documents at earliest point of time not explained - Production of documents at a later stage that too when case reached the stage of arguments cannot be..........
Indian Penal Code, 1860, Section 323, 341, 148, 451 -- Offence u/ss 323, 341, 148, 451 IPC - Remand of case by Revisional Court by setting aside order of acquittal - Offences alleged were of trivial nature - Three years precious time of trial Court was consumed in providing opportunities to complainant for giving evidence but he failed to do so without showing any..........
Goa, Daman and Diu Agricultural Tenancy Act, 1964, Section 56, 4, 3, 2(kkk), Goa, Daman and Diu Administration of Evacuee Property Act, 1964, Section 32 -- Evacuee property - Claim of tenancy - Respondent has not claimed tenancy directly from custodian - However, by virtue of S.3 of Goa, Daman and Diu Agricultural Tenancy Act, provisions of Act made applicable only to..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Doctor who carried out post-mortem of dead body stated that it was so decomposed that it was not possible to state whether there was any penetrative sexual intercourse with victim girl - Even, in absence of eye-witness, prosecution could have produced..........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
