Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of 1 kg heroine - Search of accused made after giving him an offer of search by some gazetted officer and it was only after taking his written consent - Place of occurrence was vacant plot and time of recovery was early morning - Statement of PWs that attempt was made to associate independent..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Prosecutrix aged 30 years is a married lady having three children - She after death of her husband developed physical relations with accused with assurance that he will solemnize marriage with her - Allegation that prosecutrix was put under fear of terror and forced her to engage in sexual intercourse is not acceptable in..........
Indian Penal Code, 1860, Section 199, 200 -- False evidence - Mere denial of fact which is asserted by party in petition filled by him, cannot be taken as false statement unless adjudication of said statement is made...........
Indian Penal Code, 1860, Section 199, 200, Criminal Procedure Code, 1973, Section 482 -- False evidence - Quashing of proceedings - Allegations of not paying tax to Municipal Corporation and making false statement u/ss 199, 200 IPC - As per evidence on record, grievances between complainant and accused is due to removal of accused from post of bursar in church and as such..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Evidence Act, 1872, Section 106 -- Dowry death - Circumstantial evidence - Appeal against conviction - Testimony of PW4, PW5 established that appellant-husband used to torture and harass deceased wife for demand of dowry - Several circumstances on record which point that husband committed murder i.e. he was alone in house..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg 500 gms poppy straw - Search and seizure - Case property was never deposited in malkhana along with form No.29, rather same remained with SHO for which no entry was made in register - No such register was produced in Court - Seal of SHO not found on case property - Link evidence not..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - False implication - Due to enmity between family members of prosecutrix and accused - Not acceptable that prosecutrix will level an imaginary charge against accused for having raped her...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife had no intention to cohabit with husband - However, it is specifically stated in the divorce petition that wife left matrimonial home at the stage of pregnancy and subsequently she delivered a female child - If really such allegation is true, wife would not have..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Various baseless allegations levelled against wife, which are totally false - Wife always ready and willing to live with husband along with her child - Husband failed to prove alleged grounds of divorce - Divorce petition rightly dismissed...........
Indian Penal Code, 1860, Section 376, 420 -- Rape - False promise of marriage - Prosecutrix already stood married and without getting it dissolved, insisting upon getting married to accused - She is not only older in age to accused but she is well settled in life and drawing good salary, whereas, accused still a student and had not settled in life - Prosecution failed to..........
