Malicious prosecution -- Suit for damage - Plaintiff has not adduced any evidence apart from producing judgment of acquittal - Plaintiff failed to prove that prosecution was initiated against him without any reasonable or plausible cause and with an oblique motive - Thus, it may be a case of failed prosecution but cannot be labelled as that of malicious prosecution - Suit..........
Criminal trial -- Provisions relating to pre-arrest and post arrest bail - S.35 BNSS refusal to remand by Judicial Magistrate, discharge of accused by trial court and even acquittal for want of proof beyond reasonable doubts, are means to achieve broad goal to prevent curtailment of liberty without legal necessity - However, these provisions are not substitutes for one..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim was all over a consenting party and she was neither coxed nor forced to perform fornication - Evidence brought on record, particularly victim does not inspire confidence to hold the accused guilty for an offence of rape - Material brought on record has been very prudently discussed and examined by trial Court and no..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Breach of contract - Complainant admitted that he was not in a financial position to pay remaining sale consideration and had signed agreement being fully aware of its contents - Earnest money was paid as part of agreement to sell and agreement clearly stipulated that in the event of default by buyer, earnest money..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Offence u/ss 420, 120-B, 34 IPC - Successive FIR - Section 300 CrPC debars a second trial - This is based on the public policy that no one should be harassed twice for the same offence by putting him to trial again and again - Moreover, it has been well settled that successive FIRs in respect of a same cognizable offence..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere acquittal from charges u/s 406 IPC, cannot ipso facto be construed, as an act of cruelty on part of wife so as to entitle husband to divorce more particularly when husband has been convicted u/ss 498-A, 323 of IPC...........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual Harassment - Acquittal - Appreciation of evidence - Inconsistent statement of prosecutrix - Prosecutrix made inconsistent statement regarding the incident in statement u/s.164 Cr.P.C and testimony in court - Further, neither the statement to prosecution witness was corroborated by statement of..........
Indian Penal Code, 1860, Section 451 -- House trespass - Acquittal - Appreciation of evidence - Prosecutrix made the consistent statement that she herself allowed the respondent to enter the house - Therefore, respondent did not committed the offence of house trespass - Acquittal upheld...........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - Acquittal - Appreciation of evidence - Prosecutrix made the consistent statement that she immediately ran away from her house on being sexually assaulted by accused -Accused had no time to make threat if prosecutrix had immediately left on being sexually assaulted by accused by pushing the accused -..........
