Malicious prosecution -- Damages - Acquittal in a criminal case - By itself not a ground to claim damages - It is only when plaintiff pleads and proves that complaint in the criminal case was motivated and done with a malicious intention - Two facts are relevant in this regard i.e. (i) in case there is an indication in the judgment of criminal court itself that complaint..........
Indian Penal Code, 1860, Section 195, 193, 199, 200 -- Municipal election - Affidavit accompanied by declaration alleged to be false - Complaint u/ss 193 & 200 IPC not filed by Returning officer - Complaint at the instance of respondent is not maintainable even when a request is made to the Returning Officer to file complaint but that request is not accepted as it is the..........
Indian Penal Code, 1860, Section 302 -- Murder - Proof - Deceased was pushed down by appellant `G' and thereafter appellant `F' sat upon chest of deceased and cut his neck with sword which proved fatal - Most of witnesses were examined promptly and if one witness was not examined just after occurrence then it does not make prosecution version false - Prosecution witnesses..........
Indian Penal Code, 1860, Section 181 -- Making false statement on oath - There is nothing to show that declaration was required to be made on oath or affirmation before Sub-Registrar - Held, it cannot be said that accused persons committed offence punishable u/s.181 of IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - Plea of false implication - Accused cannot be acquitted on the ground of consent in the absence of such a defence and evidence in support thereof - Suggestion of false implication put to PW2 and same denied - Held, defence of accused that he was falsely implicated on account of a quarrel between the accused and husband of..........
Arms Act, 1959, Section 27, Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Proof - Accused persons alleged to have killed deceased by firing on his head in tussle for being agent of Maxi Stand - Accused persons took defence of false implication and also pleaded that deceased was a criminal involved in number of cases - Prosecution witness, in whose tea..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Held, when attention of accused is drawn to the circumstances that inculpated him in crime and he fails to offer appropriate explanation or gives a false answer, the same can be counted as providing a missing link for building chain of circumstances...........
Indian Penal Code, 1860, Section 409, 420, 411, 477A, 120B -- Criminal breach of trust and cheating - Proof - Evidence on record shows that accused No.3 deceived CMF by making a false representation and dishonestly induced official of CMF to deliver Rs.32.50 lakhs in his favour and he dishonestly received amount - Held, offence of cheating u/s.420 made out against accused..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - False promise of marriage - Obtaining consent by exercising deceit, cannot be legitimate defence to exculpate an accused...........
Indian Penal Code, 1860, Section 193 -- False evidence - Mere fact that petitioner deposed contrary to the contents of panchnama does not by itself indicate that petitioner gave false evidence - Panchnama cannot be treated as substantive evidence unless contents mentioned in it were spoken to by the witness to said document - No sufficient material showing that petitioner..........
