Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376D, 342, 506 -- Delayed FIR - Rape - Complaint made after delay of 22 days and it was admitted by prosecutrix that no threats were extended during that period - Even thereafter prosecutrix chose to approach lawyer first and not police and waited for another 3 days as lawyer was busy - First..........
Indian Penal Code, 1860, Section 376D, 342, 506 -- Rape on married woman - Testimony of prosecutrix is contradictory on vital aspects and itself belied by other prosecution evidence - No corroborating evidence forthcoming - It is highly improbable that rape was committed inside a running office which comprises of 6 cabins having transparent walls - Accused no.2 was not..........
Indian Penal Code, 1860, Section 376D, 342, 506 -- Rape on married woman - Initiation of false proceedings - Prima facie there was conscious and deliberate effort to misuse the process of law to initiate false proceedings against accused - Prosecutrix and her brother-i, law PW6 connived and have given patently false evidence in Court - Trial Court directed to proceed..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 506, 509, 354B -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 506, 509, 354-B IPC - Parties settled their dispute amicably - Accused tendered his unconditional apology in writing to complainant, which has been accepted by her - Complainant does not want to continue with..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Registered agreement to sell - Non compliance of agreement - Nature of dispute purely of civil nature - Case for specific performance already filed - Moreover, FIR was lodged prior to the date fixed for execution of registered sale deed - FIR quashed...........
Indian Penal Code, 1860, Section 302, 404, 120B -- Murder - Circumstantial evidence - Administration of poison - PW12, who was running a Medical shop proved the fact that accused purchased sulfas from him - This witness is an independent witness and had no reason to give false evidence against accused - Moreover, nothing incriminating elicited by defence in..........
Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Offence u/ss 307, 326, 324, 34 - Appreciation of evidence - Evidence on record shows that weapon used for committing offence not recovered or seized - As per evidence of PW2 (Doctor), no injury found to be more deep then soft tissue level - Moreover, evidence reveals that all injuries are simple in nature and no surgeon..........
Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 307, 326, 324, 34 -- Probation - Accused `R' was 18 years of age at time of incident, therefore, trial Court committed no error in extending benefit of probation to accused `R' - Whereas other accused are concerned, they were not below 21 years of age at time of incident and after considering..........
Indian Penal Code, 1860, Section 302, 506(II), 34 -- Murder - Appeal against acquittal - Prosecution story is not trustworthy to show guilt of accused - Material on record portrays huge suspicion and evidence adduced on record is full of contradictions and convicting accused on such evidence is not safe - Prosecution failed to exonerate itself from duty of proving guilt of..........
