Indian Penal Code, 1860, Section 366, 376, 341 -- Abduction and rape - Prosecutrix had no occasion or motive to falsely implicate accused for grave offence of rape - By launching prosecution, she faced a risk of putting her own reputation in society at stake - Defence set up by accused that he is falsely implicated due to money dispute between them is not probable, as no..........
Indian Penal Code, 1860, Section 366, 376, 341 -- Abduction and rape - Reduction of sentence - Accused does not have any criminal antecedents - Age of prosecutrix was 53 years of age at the time of offence - No injuries were suffered by prosecutrix during her alleged ravishment by accused - Accused not indulged in any vicious physical violence with prosecutrix - Incident..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Eye witness of incident stated that accident took place due to rash and negligent driving of accused resulting in death of his brother on the spot - Testimony of eye witness is corroborated by medical evidence - Impact of accident was so intense that vehicle rotated and turned..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Testimony of eye witness - Presence of eye witness on the spot is doubted by defence - Minor discrepancy as to disclosure of time of start of journey of deceased as well as eye witness, would not put dent into prosecution case, when testimony of eye witness is recorded after..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Identification of accused - Complainant identified accused in Court - No reason, motive or any enmity, whatsoever, has been put forth by accused that he has been falsely implicated in the case - Even owner of vehicle not taken any plea that his vehicle is not involved in..........
Indian Penal Code, 1860, Section 376, 457, 511, Criminal Procedure Code, 1973, Section 378 -- Rape - Appeal against acquittal - Leave to appeal - Trial Court appreciated evidence in just and proper manner while arriving at a finding that prosecution failed to bring home charges against accused - No interference warranted in it - Leave to appeal dismissed - Accused rightly..........
Prevention of Corruption Act, 1947, Section 5(1)(c), Indian Penal Code, 1860, Section 467, 471, 477A -- Abuse of official position with intention of availing pecuniary benefits - Accused misappropriated Government money by making false documents and by making false payment to labourers by forged LTI's - However, prosecution failed to establish that accused abused their..........
Indian Penal Code, 1860, Section 218, 417, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Evidence Act, 1872, Section 3 -- Offence u/ss 218, 417 IPC and Ss.12(2), 13(1)(d) PC Act - Appreciation of evidence - Evidence on the record unable to prove the alleged offence - Evidence which could be produced, withheld by the prosecution - Necessary ingredients to..........
Criminal Procedure Code, 1973, Section 154, 227, Indian Penal Code, 1860, Section 376, 328, 323, 506 -- Discharge - Rape - Prosecutrix in her statement u/s 164 Cr.P.C. specifically narrated about first incident which was without her consent - Promise to marry was stated to be made at a much later stage - Even otherwise, trial Court was only required to consider whether..........
Indian Penal Code, 1860, Section 379, 201, Evidence Act, 1872, Section 114 -- Theft - Adverse inference - Allegation that accused stole the bond paper on which settlement among three parties including accused was recorded - It is not believable that accused after snatching bond will again come back on the same day and no action is taken against accused - Adverse inference..........
