Indian Penal Code, 1860, Section 366A, 376(2), 354A(1)(i)(2), (D), Protection of Children from Sexual Offences Act, 2012, Section 4, 7, 8, 11(iii), 12 -- Kidnapping and rape - Victim admits that she is aged about 18 years - She has not stated anything about subjecting her for forcible sexual act and evidence of father of victim is nothing but hearsay - There is no medical..........
Indian Penal Code, 1860, Section 376, 354, 420, 504, 506, 34 -- Rape - Prosecutrix did not specifically state that she was subjected to forcible rape - Medical report shows no injuries on prosecutrix including her private parts - Even assuming that there was physical contact, it could only be treated as consensual and not as alleged by prosecution - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Solitary independent witness not examined by prosecution and given up as having been won over - PW3 stated that independent witness had come to place of recovery at about 7.30 A.M. which is much prior to apprehension of accused, who was allegedly apprehended at about 8.30 A.M - Consent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Contraband - Non-compliance of provisions of Ss.52, 57 of the Act - No special report sent by I.O. to his immediate superior officers and investigation was also not verified by any Gazetted Police Officer - I.O. did not comply with directory provisions of Ss.52 and 57 of the Act - Rather it appears..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Testimony of official witnesses - Material contradictions in the statements of official witnesses regarding weighment of contraband - Memo of arrest is shown to have been signed by father of accused - Recovery of opium was allegedly effected from possession of accused in the area of village..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Independent witness - Material discrepancies in the statements of PWs with regard to recovery and other material aspects and only one independent witness was joined in the investigation - However, said witness was given up by prosecution being won over by accused - However, independent witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Search and seizure - CFSL Form was not prepared at the spot and sample seal impressions were not preserved and were not deposited with MHC of Police Station with case property and not transported to Director CFSL with samples for comparison of seal - Seal was not handed over to independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Defective investigation -Documents prepared on the spot were having FIR number with same pen and ink which shows that FIR was lodged first and thereafter, investigation was conducted - Hence, investigation appears to be tainted - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Statements of PWs are contradictory on the material points as they differ regarding time of reaching at the spot, duration of time for which they had remained at the spot and when ruqa was sent - They also differ as to whether people were passing from there or not - These discrepancies assume..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal subject to payment of costs to Legal Services Authority - When complainant does not want any further amount and appellant has expressed his inability to comply with the same, direction imposing costs on appellant to be paid to Legal Services Authority cannot be sustained in the eye of law...........
