Indian Penal Code, 1860, Section 498A, 406, 420, 384, 120B -- Matrimonial dispute - Roping in sisters-in-law - Complainant and witness could not prove the case against petitioners and the Court finds it somewhat unlikely that unmarried sisters-in-law, having nothing to gain and preparing for competitive examinations, would have harassed the complainant for dowry -..........
Criminal trial -- Acquittal terminology and relief - Where courts find no evidence against accused, appropriate order is an honourable acquittal and not an acquittal by giving "benefit of doubt" or by stating "in absence of evidence" since such phraseology would affect future career prospects - High Court modified revisional judgment, expunging the words "in absence of..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Discrepancies in statements of crucial witnesses PW1 and PW2 - Refusal of medical examination of victim child also gains significance - Victim specifically stated that appellant had brushed his leg against hers but during her deposition before trial Court, 8 months later she failed to..........
Customs Act, 1962, Section 35(1)(b)(i) -- Offence u/s 35(1)(b)(i) of the Act - Reduction of sentence - Recovery relates to the year 1985 and that offending consignment of watches was recovered lying in an abandoned condition - Conviction of appellants seems to be primarily based on confessional statements recorded u/s 108 of the Act - Conscious possession of smuggled goods..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation that appellant used to suspect character of his wife and allegedly subjected her to mental harassment on that basis - Suspicion, however strong cannot take place of proof - Witnesses have deposed about suspicion and strained relations but have not attributed any specific overt act of instigation,..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband has been acquitted from charges of offence u/ss 498-A, 406 IPC - Wife thus, falsely implicated and prosecuted husband in a criminal case - Cruelty has been meted out on husband - Divorce rightly granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - PW1 to PW3 stated that immediately on interception, bag of accused was searched and contraband detected - Consent letter was signed after detection was made and then confession was alleged to have been made - Attempt is to say that detection was separate from actual..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - Site plan as available from records indicate that interception of accused was after he entered into territory of India - However, there is no such entry indicated in passport - Even if accused was arrested..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Consent letter as available in records indicate it to have been written in English and signed only by accused - However, evidence of PW1 indicates that consent letter was confronted to accused who recognized his signature - PW1 stated that he informed accused about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - However, recovery Mahazar does not indicate a bag in which contraband is said to have been smuggled into India - Inconsistencies in evidence of PW1 to PW3 are not minor and are glaring enough to raise a..........
