Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - False promise to marry - If it is established and proved that from inception accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such assurance by accused that he will marry her, such consent is said to be consent obtained on..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Multiple litigation between parties cannot be raised as a ground of cruelty, unless it is shown to be malafide or false, rather it is legal right of any of parties to seek redressal from competent authority...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19, 23 -- Domestic violence - Complaint qua i, laws - Husband is already a party in the case - Petitioners are only i, laws of wife and they are living separately - Protection order against i, laws cannot be maintained, particularly when it seems to be false...........
Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506 -- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix - Prosecutrix..........
Indian Penal Code, 1860, Section 302, 364, 201, Evidence Act, 1872, Section 114 -- Abduction and murder - Last seen together - Presumption - Failure on part of accused to furnish any explanation or furnishing false explanation with regard to last seen together - Draws strong presumption against accused and in favour of his guilt and would provide additional link in chain..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 365, 352 -- Delay in lodging FIR - Abduction and assault - A-1 acted as a benefactor to family of complainant and had helped them financially and otherwise on multiple occasions - PW1 under such circumstances, might have been reluctant to lodge a complaint immediately after occurrence of said..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Plea of husband that he has been acquitted of false criminal case on basis of benefit of doubt - Held, not tenable - Order granting divorce held, erroneous...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appeal against conviction - Appreciation of evidence - Prosecution failed to prove case against accused beyond reasonable doubt due to following reasons : (i) prosecutrix not examined by doctor after alleged incident; (ii) in absence of any medical examination done, prosecution not examined any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Several false complaints filed by wife against husband - Wife deserted husband without any reasonable cause - Husband alleges that wife is living with another person for a quite long time as her paramour - All these facts amounts to mental cruelty to husband - Divorce rightly granted..........
Indian Penal Code, 1860, Section 420 -- Cheating - Accused manipulated mark sheet by one `B' by erasing his name and overwriting his own name - He also forged appointment order under false seal and signature and obtained appointment as teacher on pretext of being a handicapped person - Orders produced by accused regarding his appointment were never issued from his office -..........
