Indian Penal Code, 1860, Section 376 -- Rape - Allegations that accused took prosecutrix to the nearby field and then committed rape on her - Prosecutrix and her father when going to lodge report, accused armed with gun threatened to kill them - Statement of prosecutrix trustworthy - Held, delay in lodging FIR stands duly explained - Accused held guilty even though there..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Pleadings - Power of Court to strike out - Additional written statement filed - Objection not taken by plaintiff - After about 3 years, plaintiff filed an applciaotn for striking off additional written statement - High Court allowed application - Order of High Court set aside - High Court was not at all justified in allowing..........
Indo Tibetan Border Police Force Rules, 1994, Rule 174(8) -- Court of Inquiry - Loss of weapon - The petitioner was given an opportunity to make a statement and there is no averment that he was denied opportunity to lead evidence in his defence or to cross - examine any witness - The petitioner had signed each page of the proceedings - This would indicated his presence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Seal after use not handed over to independent witness and no explanation for the same - IO not examined as he was reported to have died - Recovery witness produced by prosecution did not state a word that case property was produced by I.O. before S.H.O. in his presence and that SHO sealed the..........
Indian Penal Code, 1860, Section 498A, 304B -- Cruelty - Accused husband and in-laws alleged to have subjected deceased to cruelty and killed her - The statement of the prosecution witnesses made in the Court during trial at variance with the one given before the police u/s 161 Cr.P.C. - Different versions regarding cruelty and maltreatment - Material omissions - Fact of..........
Evidence Act, 1872, Section 154 -- Hostile witness - Cross examination of one's own witness - The witness speaking truth against the party who had called him as a witness will not necessarily be hostile witness - It is the discretion of the Court to allow the party who had called him as the witness to put questions which might be put in cross examination - Discretion..........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Illegal gratification - Demand of Rs.200/- - Demand not made in presence of any other witness - Statement of complainant only cannot ipso facto be accepted that demand has been actually raised by the appellant - Merely because the amount was placed in the drawer of accused does not mean that there was demand and..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix alleged that she was dragged to the room and subjected to sexual intercourse - In FIR, however, it was got recorded that she went to the room of her own - This not only contradicts her statement in Court but also suggests that she might have been a willing party - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Identify of accused not known to injured eye witnesses - FIR hit by S.162 Cr.P.C. - Dying declaration not reliable - Delay in lodging FIR not explained - Contradiction in statement of witnesses - Medical and ocular evidence at variance - Not possible to connect accused with crime with aid of FSL Report or Identification..........
Criminal trial -- Recovery of weapon of offence - IO made statement that despite earnest efforts, he could not effect recovery from the place as stated by the accused - Held, failure of the prosecution to procure weapon of offence will not adversely effect prosecution case...........
