Indian Penal Code, 1860, Section 376(2)(i) -- Rape of physically challenged girl - Prosecutrix in her evidence and in her statement identified accused as perpetrator of crime of rape - Evidence of prosecutrix is corroborated by her mother - Accused on their interrogation made a voluntary confession of committing rape upon prosecutrix - Evidence of prosecution is found to..........
Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Additional evidence at appellate stage - Re-examination of victim - Rape of 17 years old girl - Victim clearly stated in her evidence that she was 17 years on the day of occurrence and accused had made a false promise that he would marry her and against her..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application filed U.O.7.R.11 CPC, Court had to look into averments of plaint and not written statement - Averments of plaint to be read as a whole to find out whether averments disclose a cause of action or whether suit is barred by any law...........
Indian Penal Code, 1860, Section 366A, 376 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix suppressed some material fact regarding her kidnapping and rape, as she never made any protest or alarm while travelling along with accused to different places nor she made any protest when she was voluntarily going on foot with accused to marry him - House inmates..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Allegation that statement of wife in her written statement as well as evidence before trial Court amounts to mental cruelty - However, it is evident that statement made by wife is in retaliation to allegation thrust upon her by husband - It was husband who filed suit for divorce on a vague..........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Question as to whether statement in a given case falls under any of the ten exceptions to S.499 of the Code have to be decided only after trial...........
Indian Penal Code, 1860, Section 499, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Two defamatory statements were made by accused against complainant - As far as first statement is concerned, it is doubtful whether it would attract ingredients of offence defined u/s 499 IPC as against accused - However, second statement that..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce decree against wife - Appeal filed by wife - Order permitting withdrawal of appeal without quashing decree of divorce - Husband and wife started cohabiting under order of Court, as there was consensus of ending dispute between them and on statement of wife appeal was withdrawn against decree of divorce - However,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Sampling process - I.O has failed to observe rules framed for recovery and seizure of contraband under the provisions of the Act - Having regard to statement of I.O as regards sample prepared and sample received by Chemical Analyst a doubt is created whether sample examined by..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not lead any evidence to rebut the presumption - Statement of accused recorded u/s 313 Cr.P.C. is not a substantive evidence of defence, but only an opportunity to accused to explain the incriminating circumstances..........
