Indian Penal Code, 1860, Section 506(i) -- Criminal intimidation - Alleged threatening over telephone made by accused from abroad that he would kill complainant and her child, cannot be said to have caused instant fear upon complainant - Accused rightly discharged...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Accused and complainant who were cohabiting for a long period, have been indulging in sexual relationship between them with the belief that they were husband and wife - It cannot be said that consent which complainant extended to accused for sexual relationship was vitiated by misconception of facts - Offence of rape not..........
Indian Penal Code, 1860, Section 376(2)(n), 294(b), 341, 323, 324, 452 -- Rape - Main offence of rape is found to be false and baseless - Other offences which are incidental to offence of rape also cannot be said to have been committed by accused - Moreover, nothing brought out to show that other offences are attracted - Accused rightly discharged...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Statement contained in FIR furnished by one accused cannot be used against another accused...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Confessional FIR - Confessional FIR made by accused is inadmissible in evidence against him, except to extent that it shows he made statement soon after offence, thereby identifying him as maker of report, which is admissible u/s 8 of Evidence Act - Additionally, any..........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 21 -- FIR made by accused - Non-confessional FIR - Non-confessional FIR is admissible against accused as admission u/s 21 of Evidence Act...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused cannot be held guilty of offence of murder solely on basis of medical evidence...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Conditions necessary for applicability of S.27 of the Act - (i) Information given by accused, leads to discovery of some fact - (ii) Fact discovered was not within prior knowledge of police and knowledge of fact was derived for first time from information given by accused - (iii) Discovery of a fact is direct outcome..........
Evidence Act, 1872, Section 8 -- Conduct of accused - Accused cannot be convicted solely on basis of his conduct in grave charges like murder...........
Evidence Act, 1872, Section 8 -- Conduct of accused - Accused`s conduct alone cannot justify conviction in absence of cogent and credible supporting evidence...........
