Court : Delhi
..... consent and that corroborative evidence is not an imperative component in every case of rape.5. he further submits that the presumption under sections 29 and 30 of the pocso act is attracted in the present case as the prosecutrix (pw-8) was a minor on the date of the incident and it was for the respondent- accused to prove to ..... out of fir no.183/2016 registered with police station bharat nagar. the trial court framed charges under section 4 of the protection of children from sexual offences act, 2012 (hereinafter referred to pocso act ) and alternately under section 376(2)(i) ipc read with sectionsipc. page 1 of 10 crl. l.p. 466/2019 2. the trial court in the impugned .....
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..... learned app for the state further stated that the dead body of the deceased was found in her matrimonial house itself and the sister of the appellant-convicts, seema (dw-5) had deposed that on the day the deceased had died, she along with her mother and sister remained in the house throughout the day and no ..... the defence wanted to contradict him, then the court cannot suo motu make use of statements to police not proved in compliance with section 145 of the evidence act that is, by drawing attention to the parts intended for contradiction. xxx xxx xxx xxx 24. contentions urged assailing credibility of pw2do not merit acceptance. pw2in his ..... was filed against them. finding of the trial court3 the trial court convicted the appellant-convicts under section 304b ipc relying upon sections 106 and 113b indian evidence act, 1872. however, trial court acquitted the appellant-convicts under section 302 ipc on account of absence of direct evidence. the relevant portion of the trial court judgment .....
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..... learned app for the state further stated that the dead body of the deceased was found in her matrimonial house itself and the sister of the appellant-convicts, seema (dw-5) had deposed that on the day the deceased had died, she along with her mother and sister remained in the house throughout the day and no ..... the defence wanted to contradict him, then the court cannot suo motu make use of statements to police not proved in compliance with section 145 of the evidence act that is, by drawing attention to the parts intended for contradiction. xxx xxx xxx xxx 24. contentions urged assailing credibility of pw2do not merit acceptance. pw2in his ..... was filed against them. finding of the trial court3 the trial court convicted the appellant-convicts under section 304b ipc relying upon sections 106 and 113b indian evidence act, 1872. however, trial court acquitted the appellant-convicts under section 302 ipc on account of absence of direct evidence. the relevant portion of the trial court judgment .....
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..... no connection with the first floor, it is seen that respondent had earlier filed an eviction petition under section 14(1) (b) (h) and (j) of the delhi rent control act against the petitioner contending that petitioner had raised unauthorized construction in the form of two rooms and had sublet the premises.26. subject petition was dismissed by a judgment dated ..... order passed.2. respondent had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity under section 14(1) (e) of delhi rent control act, 1958 from property bearing no.t-322-c, abdul mannan lane, batla house, okhla, new delhi, except one room along with unauthorized construction at the rc.rev.528/2018 page .....
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..... help of voluntary information or material that bail appl.1447/2019 page 24 of 26 administered test results can be admitted, in accordance with section 27 of the evidence act, 1872. the national human rights commission had published `guidelines for the administration of polygraph test (lie detector test) on an accused' in 2000. these guidelines ..... against the applicant qua the alleged commission of offences punishable under sections 3of the indian penal code, 1860 and section 25 r/w section 27 of the arms act, 1959 by the learned trial court, the prima facie incriminating circumstances against the applicant brought forth through the statement under section 164 of the cr.pc, 1973 ..... sections 3of the indian penal code, 1860 which is punishable with death or life imprisonment and the petitioner has been further charged under sections of the arms act, 1959 and keeping in mind the nature of the accusation, gravity of the offence and past attempts to approach the witnesses in the instant case, no .....
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..... , laxmi nagar, near jagat ram park, delhi-110092 was a shared household of the appellant in terms of section 2(s) of the protection of women from the domestic violence act, 2005, it is essential to observe that section 2(s) of the said enactment provides as follows:-" 2. definitions- .. .. .. rsa612019 page 13 of 15 . (s) shared household ..... which the husband has no right, title or interest, cannot be called a "shared household''. the concept of matrimonial home, as would be applicable in england under the matrimonial homes act, 1967, has no relevancy in india." rsa612019 page 6 of 15 8. vide judgment dated 24.04.2018, the learned civil judge-east, kkd courts, delhi thus, concluded ..... of which defendant no.1 is a member. the said property cannot be regarded as a "shared household" as define under sect-ion 2(s) of the domestic violence act. defendant no.2 has no rights to the suit property. her rights for maintenance etc. against defendant no.1 are not issues in the present suit. there is no .....
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..... criminal law. it is a settled proposition that conspiracy requires an offence and there cannot be a conspiracy for conspiracy, however, it should lead to an illegal act or act which is not illegal to be done by illegal means. while there is no quarrel with the proposition that section 120b is a substantive offence, but it ..... and as the... petitioner complained of chest pain, angiography was also performed on the... petitioner on18.09.2019.19. moreover, the proviso to section 45 of the pml act, provides that in case of sick person, bail should be granted to the person arrested.20. on the other hand, mr. natrajan, learned additional solicitor general of india ..... , the income tax department filed 3 complaints against the... petitioner before the special court, bengaluru, u/s 200 cr.p.c. alleging offences under the income tax act. pursuant thereto, the income tax bail appln. 2484/2019 page 2 of 19 department proceeded to grant sanction to prosecute for offences punishable u/s 276c(1) and .....
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..... 'ble mr. justice manoj kumar ohri1 by way of the present petition, the petitioner has assailed judgment dated 28.11.2016 passed by the additional sessions judge, special judge (pc act), cbi-05, patiala house courts, new delhi in ca no.8748 of 2016 whereby the judgment of acquittal of the petitioner was set aside and the petitioner was convicted and ..... they have made general allegations of harassment by the appellant towards the crl.rev.p. 809/2016 page 10 of 11 deceased and have not brought in evidence any specific acts of cruelty or harassment by the appellant on the deceased . xxx 16. in our view, onus was on the prosecution to prove beyond reasonable doubt the ingredient of section 498a .....
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..... passed.2. subject eviction petition was filed by the respondent seeking eviction of the petitioner on the ground of bonafide necessity under section 14(1) (e) of delhi rent control act, 1958 from one shop measuring 8 x 8 i.e., 64 sq. ft. with height of 7 ft. in property bearing rc.rev.144/2018 page 1 of 3 no .....
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..... was a member of the scheduled caste and therefore, the conviction of the appellant- the scheduled accused under section 3(2)(v) of castes and scheduled tribes (prevention of atrocities) act is not sustainable. 11. it is held in the case of mukesh kumar saini and ors v. state (delhi administration), 94 (2001) dlt241that section 34 of the ipc cannot ..... (supra) held as under: 15. as held by the supreme court, the offence must be such so as to attract the offence under section 3(2)(v) of the act. the offence must have been committed against the person on the ground that such person is a member of scheduled caste and scheduled tribe. in the present case, the fact ..... /354/201/3of the indian penal code, 1860 ( ipc ) and section 3(1)(x), (xi), (s) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 ( the sc/st act ), registered at police station sector-23, dwarka, delhi. bail appn.1828/2019, 1833/2019 & 1836/2019 page 2 of 10 2. the state has filed the status report .....
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