Criminal Procedure Code, 1973, Section 227, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Discharge - Offence u/ss 3, 4 of PMLA - Several documentary evidence made available against accused in the form of confession statement of A-1, husband of accused as also confession statement of accused herself - Materials gathered by complainant against accused have to be..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Opinion of doctor that there was no evidence of any sexual intercourse or rape, cannot be held to be sufficient to disbelieve allegation of rape by victim, if evidence of victim is otherwise found to be cogent and trustworthy...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Absence of injuries on private parts of victim cannot be construed as evidence of consent - Even otherwise, under POCSO Act, consensual sexual intercourse between a child and an adult is not recognized...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Victim was minor at the time of incident - She in unequivocal words stated that accused after calling her to her house had inserted his penis in her vagina - Statement of victim not confronted by defence in any manner - Explanation of accused that he was called by victim to her house stating that..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - No reference about proposed documents either in pleadings or in evidence - Ground on which petitioner are prevented from filing those documents at earliest point of time not explained - Production of documents at a later stage that too when case reached the stage of arguments cannot be..........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Conclusion arrived at by Court u/s 73 of the Act is not an expert opinion as embodied u/s 45 of Evidence Act and Court cannot be an expert as S.73 of the Act is a rule of caution and prudence and not a substitute of an expert opinion u/s 45 of Evidence Act...........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Court cannot act as a witness to its proceedings and cannot draw an expert opinion u/s 45 of Evidence Act under the guise of power vested u/s 73 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-filing of income tax return - Matter related to income tax is issue between Revenue and Assessee, therefore, no, filing of income tax return cannot be a solitary basis for rejecting evidence of complainant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 55 gms intoxicating powder jointly from petitioners - In case petitioners are released on bail, there is no likelihood that they will tamper with the evidence or influence the witnesses or that they may repeat the offence particularly..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order - Wife was expelled from her matrimonial house and she is unable to maintain herself and is dependent upon her mother - Whereas, husband gets salary of Rs.55,540 pm - On oath statement of wife and her mother are uncontroverted - Husband did not opt to contest the case, as he did not adduce..........
