Criminal Procedure Code, 1973, Section 154 -- FIR - Registration of FIR is mandatory, if information discloses commission of cognizable offence...........
Criminal Procedure Code, 1973, Section 156(3), 154 -- Complaint disclosing cognizable offence - Same not registered - Complainant approached High Court by way of Writ Petition, which was dismissed - Registration of FIR is mandatory if information discloses commission of cognizable offence - Complaint submitted by appellant to concerned respondents discloses commission of..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in registration of FIR by itself cannot be a ground for quashing FIR - However, delay with other attending circumstances emerging from record of the case rendering the entire case put up by prosecution inherently improbable, may at times become a good ground to quash FIR and consequential..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - FIR lodged after intervention of Superintendent of Police - Delay in lodging FIR properly been explained by prosecution - In a case u/s 376 IPC, delay if explained properly is not fatal to prosecution case...........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in FIR - Prosecutrix was dropped of at employer's house on 27.05.2013 and complaint made on 28.05.2013 - Delay in filing FIR cannot be given weightage...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Is never treated as substantive piece of evidence it can only be used for corroborating and contradicting its maker when he appears in the court as witness ...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Is never treated as substantive piece of evidence it can only be used for corroborating and contradicting its maker when he appears in the court as witness ...........
Evidence Act, 1872, Section 154 -- Hostile witness - Evidence of a hostile witness can form basis of conviction...........
Evidence Act, 1872, Section 154 -- Hostile witness - Corroborated part of evidence of a hostile witness regarding commission of offence is admissible - Merely because there is deviation from statement in FIR, witness's statement cannot be termed totally unreliable...........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR - Mala fide motive - Mala fide motives are required to be affirmatively pleaded and proved - Person against whom mala fide or bias is imputed should be impleaded as a party respondent to proceedings eo nomine and that in his/her absence no inquiry into allegations can be made...........