Suppression of material facts -- A litigant who, while filing proceedings in the Court, suppresses material facts or makes a false statement, cannot seek justice from Court - Facts suppressed must be material and relevant to the controversy, which may have a bearing on the decision making...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - There is no promise of marriage to coerce consent from victim for sexual intercourse as forthcoming from the statements made by victim - Promise if any was after first physical intercourse and even later allegation was forceful intercourse without any..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that all appellants had beaten deceased with axes and sticks, after sprinkling chilli powder in the eyes of deceased - However, during postmortem examination, only four injuries were found, and Doctor did not find any chilli powder on the body or in the eyes of deceased - Scene of offence panchanama also does not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife resided with husband only for a period of two months after marriage - False and frivolous allegations made by wife with regard to character of mother of husband and also initiated criminal proceeding under different statues and one of proceedings culminated acquittal - This..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Medical evidence - Absence of injuries on the private parts of prosecutrix is not always fatal to the case of prosecution - Prosecutrix stated that accused overpowered her and pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - Thus, it is possible that there were no major injury..........
Indian Penal Code, 1860, Section 427, 447, 323, 341, 504, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 427, 447, 323, 341, 504 IPC - Quashing of FIR - Property dispute between parties - Allegation that accused entered into land in question and demolished fencies etc. and made attack on complainant by fist and kicks - Whether allegations against..........
Indian Penal Code, 1860, Section 323, 364, 387, 147, 149 -- Offence u/ss 323, 364, 387, 147, 149 IPC - Land dispute between parties - Injured himself admits that he was released by accused on the same day - Injury sustained by injured does not correspond with the manner of occurrence as stated by him and same is superficial in nature - There was simple demand of Rs.1 lakh..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Testimony of father and mother of victim and victim herself shows that on the false pretext of marriage, physical relationship has been established - It appears therefore that physical relationship is with the consent of victim having known even to mother..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Prolonged period of 16 years during which sexual relations continued unabatedly between parties, is sufficient to conclude that there was never an element of force or deceit in the relationship...........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
