Indian Penal Code, 1860, Section 376(2)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape of 8 years old minor girl - Case of partial penetration - Reduction of sentence - Redness in vulva and vagina accompanied by slight swelling in vagina proves that child was sexually abused and was exploited - Accused denied said fact and pleaded..........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Criminal Procedure Code, 1973, Section 340 -- Two conditions must be fulfilled for entertaining complaint filed u/s 340 Cr.P.C:- (i) that a person has given false evidence in a proceeding before Court; and (ii) it is expedient in the interest of justice to make an inquiry of offence committed by concerned person...........
Criminal Procedure Code, 1973, Section 340 -- False evidence - Allegation that respondent knowingly and willfully gave false statement in other case against appellant due to which appellant got implicated in present case - However, there is no nexus between statement given by respondent u/s 164 Cr.P.C in present case and evidence given by respondent in other case -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending three cheques for handwriting expert - Accused neither in cross-examination of complainant nor in his own examination u/s 313 Cr.P.C had come out with any concrete defence which he is now trying to built upon and under the pretext he is requesting to transmit..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused himself admitted that he gave three cheques to complainant, thereby accused made false G.D entry regarding missing of cheques - It is also shown from conduct of accused that he did not recognize any importance to demand notice being not signed by concerned advocate - Complainant successfully..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased was found near Tube-well in village at the time of inquest - Medical evidence shows that death might have occurred due to ante-mortem injuries at that time - Accused in his statement u/s 313 Cr.P.C has stated that witnesses gave false statement, but he did not suggest as to why PWs gave false statements..........
Guardians and Wards Act, 1890, Section 17 -- Custody of minor child - Crime alleging dowry death under further investigation against father - Merely because crime alleging dowry death is under further investigation, claim for custody of minor ward cannot be denied to father if he is otherwise legitimately entitled to custody especially when complaint against him was..........
Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3 -- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - False promise to marry - Merely because accused is now married and/or even that prosecutrix has subsequently married - Not a ground not to convict accused...........
