Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376 -- Discharge - Rape case - Material evidence available against accused - Trial Court recorded categorical findings while denying discharge the accused - Even no suspicion found in the statement of prosecutrix by trial Court - discharge application rightly dismissed...........
Indian Penal Code, 1860, Section 457, 380 -- Offence u/ss 457, 380 IPC - Three different stories regarding recovery of articles on record - Whole prosecution story based on recoveries made from accused but no recoveries proved as per law nor it was established that recovered goods were same which were stolen - Prosecution failed to discharge its duty to prove offences..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Discharge - Kidnapping and rape - Dispute as to real age of prosecutrix - There is grave suspicion whether on date of occurrence prosecutrix was major or minor - Age of prosecutrix has to be determined as per R.12 of Juvenile Justice Rules, 2007 - Therefore, trial Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of discharge of loan but specific dates when loan was discharged not given - Accused did not explain as to under what situation and circumstances the cheque on presentation was dishonoured - Acquittal set aside - Accused sentenced to undergo SI for one month...........
Will -- Registered - Presumption - Will was registered and Sub-registrar examined and filed his report - Sub-registrar proved execution of Will - Moreover, presumption that official act has been done in accordance with law and rules prescribed has to be drawn in favour of Sub-Registrar u/s.114(e) of Evidence Act - Onus is upon plaintiff to prove undue influence and..........
Criminal Procedure Code, 1973, Section 227, 228 -- Scope - Court is not expected to make roving enquiry in pros and cons of whole prosecution case, at the stage of discharge and framing of charge u/ss 227, 228 Cr.P.C. - It is sufficient if prima facie case is established by some material placed before it for consideration...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution Police officer - Exceeding his powers during investigation of a criminal case and assaulted petitioner in order to extract confession with regard to death of three persons and in that connection, petitioner detained for some days - Alleged conduct of accused has an essential connection with discharge of..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant on the date of hearing not a sufficient ground for acquitting the accused - Code no where specifies dismissal of compliant or discharge of accused when complainant remains absent - Discretion either to dismiss the case or to adjourn the main case is to be exercised by concerned trial Court in a..........
Mines Act, 1952, Section 72A, 72C(1)(a), 72C(1)(b) - - Mining accident - Death of miners - Responsibility of manager - As per the material placed on record it is sufficient to discharge initial burden that exist upon prosecution and defence fails to produce any evidence to prove its innocence - Moreover, it is the specific responsibility of manager to ensure that no mine..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Deceased committed suicide by consuming poisonous substance within 7 years of her marriage due to harassment allegedly made by accused - However, there is no evidence on record that accused used to demand dowry from deceased and tortured her..........
