Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Prosecutrix was medically examined in the night itself in which injury on her private part was found - Sperm of human found on the underwear of prosecutrix - Medical evidence thus, fully supported the prosecution case - Evidence of PW2 and PW3 which are corroborative evidence of fact subsequent to incident..........
Indian Penal Code, 1860, Section 332, 457, 427, 341, 504, 506, 34 -- Criminal trespass and hurt - Petitioner no.1 is daughter-in-law of complainant was in possession of a room much prior to alleged incident as per order of Court under PWDV Act - Allegations in complaint that petitioners forcibly entered into the house of complainant are false - More so, complainant failed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25 kg poppy husk - Non-joining of independent witness - Police party on the date of incident was on routine patrolling and accused encountered all of a sudden and was apprehended on basis of suspicion of bag carried by him smeared with poppy husk - I.O. was having no chance to join independent..........
Evidence Act, 1872, Section 92 -- Oral evidence - Exclusion of - Certified copy of sale deed - Due execution of document not in doubt - As per document balance of sale consideration was paid by cheque, but as per witness it was paid by cash - Mere fact that after more than 3 decades of execution of document, witness made mistake in speaking manner of payment of balance..........
Indian Penal Code, 1860, Section 376, 417, 419 -- Rape - False promise of marriage - Love affair between parties - Promise to marry by cousin brother - Prosecutrix must be in full knowledge of fact that such marriage would never occur - Prosecution failed to substantiate charges levelled against accused beyond reasonable shadow of doubt - Accused acquitted...........
Indian Penal Code, 1860, Section 307, 332, 353, Arms Act, 1959, Section 3, 25 -- Conviction - Cross-firing - False implication of accused - Appreciation of evidence - As per prosecution story when `N' and accused were running away from their house, they fired at police party, in crossfire `N' sustained gun shot and died - It is revealed that police party fired from a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty upon husband - Filing of false complaint against husband u/s 498-A IPC and registration of a crime against him and admission made by wife that she herself and her children turned hostile to prosecution resulting acquittal of husband would prima facie show the way in which he was subjected to cruelty..........
Indian Penal Code, 1860, Section 193, 302, Evidence Act, 1872, Section 154 -- Murder - Perjury - First informant turned hostile - Fact that `K' an eye-witness, at whose instance, names of assailants and knowledge of incident was received, deliberately gave false evidence before Court and has turned hostile - Order passed to bring him on trial - Directions issued...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 59 gms of buprenorphine - Recovery effected from accused falls within commercial quantity of contraband - Provision of S.37 of the Act comes into play - Although accused intends to take shelter of R.66(2) of Rules, but he has taken a..........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Accused allegedly involved in conspiracy of taking money from informants on false promise of appointing them in railways - Proceedings filed after inordinate delay of 6 years without any plausible explanation - No allegations made out against accused in clear terms - Magistrate ought to remain vigilant..........
