Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where payee is a company, complaint should necessarily be filed in the name of company and a power of attorney holder or agent cannot file complaint in his personal capacity...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction for offence of rape can be based on sole testimony of victim if it is trustworthy and inspires confidence...........
Indian Penal Code, 1860, Section 366A, 376, 120B -- Kidnapping and rape - Medical Officer has categorically stated in her medical report as well as during deposition that no external or internal injuries were found either on body of prosecutrix or on her private parts nor was any other clinical sign detected that could support allegation of forcible sexual intercourse -..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 8 -- Murder - Circumstantial evidence - Motive - Appellant needed money to get his jeep back and for this purpose he looted tractor by killing driver to arrange money - However, there is no further evidence on record to prove that after looting tractor and committing alleged murder of deceased he has..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Prosecution from testimonies of PW18 and PW20 has been able to prove that deceased was last seen alive in the company of appellant and co-accused on the evening of day before death of deceased - Accused persons took deceased along with them on the pretext of fetching cable..........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - PW7/doctor who had conducted postmortem of dead body of deceased specifically stated that three incise wounds were found on the dead body of deceased - Though, PW7 has stated that injury sustained by deceased could possibly be caused by stone which was shown to him by Constable as well as sticks shown to him -..........
Indian Penal Code, 1860, Section 302, 148, 149, 34 -- Murder - Major contradictions in deposition given by informant - Material contradictions in deposition of informant regarding the manner in which incident took place and with regard to which information about the incident was given by her grand daughter - Independent witnesses did not support the case of prosecution -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) Court to consider averments made in plaint and documents filed in support of plaint; (ii) No part of defence or documents filed by defendant can be looked into; (iii) averments made in plaint has to be taken as truth and Court cannot proceed on the premise that averments are false; (iv)..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of panch witnesses of recovery of clothes of appellant as well as victim - Signatures of panch witnesses were obtained on written paper at the instance of police - Said witnesses had no occasion to go through contents of said panchnama - Thus, High Court has committed an error while placing reliance upon stains of..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because prosecutrix has levelled allegations against appellant in FIR and I.O. has deposed before Court with regard to contents of FIR, it cannot be presumed that allegations levelled in FIR are true and correct unless same is proved during course of trial by leading cogent evidence -..........
