Criminal Procedure Code, 1973, Section 154 -- FIR - Proof of - FIR registered on the basis of definite complaint revealing the commission of a cognizable offence - Complainant or the person who knows about such materials revealing the commission of a cognizable offence must be examined to prove the complaint...........
Indian Penal Code, 1860, Section 376 -- Rape - Plea of false promise of marriage - Living relationship between prosecutrix and accused - Prosecutrix, a widowed lady, is approximately 10 years elder to accused - Accused and prosecutrix living together for about 7 months prior to lodging of FIR - No evidence on record to prove consent of prosecutrix had been obtained by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Prompt FIR - Short time spent in registration of FIR is no ground to render the prosecution version doubtful - As police station was only at a distance of 1 Km. from the place of recovery, in that eventuality FIR can be got promptly recorded...........
Criminal Procedure Code, 1973, Section 154 -- FIR - A prompt FIR lends credence to prosecution case because a prompt FIR eliminates all chances of cooking up a false story...........
Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 27 -- Murder - Deceased died due to stab wound caused on his back side with intention of causing death - Medical & ocular evidence shows that knife was actually used to cause serious injuries to deceased - Recovery of live bullets and one spent cartridge corroborates that fire-arm was also used -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Not meant to be an encyclopedia nor it is expected to contain all the details of prosecution case - It may be sufficient if broad facts of prosecution case are stated in the FIR - Unless there are indications of fabrication, prosecution version cannot be doubted, merely on the ground that FIR does not contain the details...........
Indian Penal Code, 1860, Section 376, 420 -- Rape - Cheating - Promise of marriage - Prosecutrix has nowhere alleged that petitioner has no intention to marry her since beginning - In fact, parents of petitioner approved their marriage but later due to some dispute between parties, marriage could not be materialized - Prosecutrix had never raised any grievance before any..........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay in sending FIR to Court - May provide basis for suspicion that FIR was recorded much later to set up a distorted version - But the delay in sending FIR to Court does not dislodge the other evidence...........
Indian Penal Code, 1860, Section 498A, 323, 377, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 377, 506 IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - Allegations in FIR disclosing commission of cognizable offence - Prayer of quashing of FIR declined - Prayer for stay of arrest not granted as it will amount to grant of relief without deciding..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder - Cruelty - Family members of deceased are alleged eye witnesses but they neither tried to stop/nab the accused nor made attempt to inform the police immediately - Delay in lodging FIR totally unexplained - No evidence on record that at the time of incident accused was residing in the house of complainant and fled away..........
