Indian Penal Code, 1860, Section 376(2)(n), 506II, 90 -- Rape - False promise of marriage - Consent obtained by misconception of fact - Love affair between prosecutrix and accused - Prosecutrix was divorcee - It cannot be said that she was immature and was obvious of fact of life - Prosecutrix also knows that accused is already married and there is bleak possibility of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Recovery effected from car which was found struck in fields after having met with an accident with tractor - Material contradictions regarding quantity of contraband recovered from car - No recovery effected from possession of accused - `S' who is alleged to report an accident..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 12, 13 -- Eviction - Eviction petition filed after 16 years of local commissioners' report in petitioner case for repair of premises - Premises was constructed in mud around 80 years back - Held that apparent on record that demised shop completely unsafe and unfit for human habitation - However, out of sheer..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Presence of complainant and PW2 at the place of occurrence is doubtful - Except evidence of said witnesses, no evidence relied upon by prosecution to strengthen its case - Rather version of defence as seen from evidence that complainant and accused person are related to each other and there was continuous enmity between..........
Indian Penal Code, 1860, Section 307, 195, 211, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 27, 26 -- Attempt to murder - Confessional statements - Accused implicated in the case on basis of confessional statements - However, no independent witness was either joined in investigation or examined in evidence - Except confessional statements of accused,..........
Constitution of India,1950, Article 14 -- Tender - Rejection of bid - Petitioner failed to submit any NOC to the effect that the offered tank lorries were not running under any OMC regular contract - Moreover, false undertaking is given that tank lorries so offered under contract to BPCL had not been either withdrawn from any other contract with any other oil company..........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken..........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - It is evident that accused has no fraudulent intention in making the promise as accused married the victim within a short period after the incident - Rather, in such circumstances what occurred was only acknowledged..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - May be granted when there is material on record to show that prosecution was inherently doubtful or where there is material on record to show that there is a possibility of false implication - However, when element of criminality is involved, custodial interrogation is required and/or other aspects and facts..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 201 -- Murder of four members of one family - Dead bodies of victims found multiple external injuries sustained by them - All such injuries were found sufficient enough to have caused death in ordinary course of nature - Eye witnesses who witnessed the occurrence and identified most of assailants, also elaborated..........
