Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing - Contradiction with regard to the date and time of occurrence in complaint petition and initial deposition - Two applications filed by complainant to withdraw complaint alleging the complaint allegations were false - Reasonable conclusion can be drawn that allegations made in complaint were not correct -..........
Criminal trial -- Circumstantial evidence - False explanation put forward by an accused in a case based on circumstantial evidence provides an additional link in the chain of the circumstances establishing connectivity between the appellant and the crime...........
Indian Penal Code, 1860, Section 302 -- Murder - Gun shot - Defence plea that gun accidentally fired when child was fondling with it - Case based on circumstantial evidence - All the circumstances taken together namely, the deceased was lastly seen alive in the company of the appellant; the deceased was subjected to ill-treatment and appellant had evil-eye on her and her..........
Indian Penal Code, 1860, Section 302 -- Conviction - Appeal against - First version of incident coming from PW1 son of deceased and recorded by police but suppressed by prosecution - I.O. admitting having recovered incriminating articles from open place - PWs1 and PW4 not only changing manner of incident but also place of incident - PWs1 and PW4 stating that accused 3 & 14..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Single eye witness - Evidence of PW 1 that deceased was first raped was rendered false by medical evidence - His further evidence that he was rendered immobilised because of attack on him by accused also not supported by any medical evidence - Unnatural conduct of PW 1 that he did not resist or ran or shout for..........
Malicious prosecution -- Damages - Acquittal in criminal case on ground of benefit of doubt - In all cases where benefit of doubt is given by the Court it is difficult to hold that the complaint which is the basis of the prosecution is false and untenable - There are variety of reasons for which the accused is given benefit of doubt - This by itself cannot lead to a..........
Malicious Prosecution -- Criminal complaint - Mere presentation of a false complaint does not furnish a cause of action - In an action for malicious prosecution plaintiff has to prove that the proceedings were initiated without any reasonable and probable cause and burden of proof lies on the plaintiff - Findings recorded in criminal proceedings are not binding on civil..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegation - Husband seeking divorce on ground of cruelty on account of unsoundness of mind of the appellant wife - It was only on the basis of written statement filed by the appellant wife that a case of cruelty was sought to be made by husband alleging that unfounded allegation of demand of dowry..........
Indian Penal Code, 1860, Section 302 -- Death of young married girl at her in-laws house - Deceased coming to marital home on 26th and died on 28th - Defence of suicide - Changed over to fact of two boys coming to deceased and staying with her for 45 minutes - Deceased pregnant - Death by strangulation - Belt used for strangulation recovered at instance of accused -..........
Tour and travels -- Deficiency in service - False promises and representations made by opposite party-tour organisers regarding quality of service to be provided by them - Admission on the part of the tour organisers with regard to deficiency in service on their part - Order of the District Forum holding OP deficient in service upheld...........
