Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - False implication - Defence taken by accused that they have been falsely implicated due to enmity deserves to be repelled as there is no evidence on record regarding any enmity between parties - Discrepancies if any in prosecution version being trivial and not material are liable..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Once by judicial admissions plaintiff admits in earlier civil proceedings that she sold the property to defendant No.3, said admissions can be basis of creation of rights in favour of defendant No.3 and thereafter different case cannot be set up that suit property was not sold by plaintiff - Suit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25.50 kgs poppy husk - Plea of false implication - Accused neither alleged nor able to prove ill will or motive on part of PWs - Testimonies of police officials cannot be discarded simply on account of their official designation - Recovery of contraband from conscious possession of accused..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Cruelty - Wife used to make false allegations and also indulged in character assassination against husband - False case was also made against husband and his family members in which all of them were acquitted - Wife subjected husband to physical and mental cruelty as she used to misbehave and humiliate him in front..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - False implication - Statements of ASI, witness of recovery and I.O qua apprehension, search and seizure and recovery of contraband from the possession of accused are cogent, consistent and reliable - Accused failed to allege and prove any ill-will or motive on the part of ASI or..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 468, 471, 477A, 120B -- Offence u/s 13(2) & 13(1)(d) of P.C. Act 1988 and Ss.420, 468, 471, 477A, 120-B IPC - Allegation that accused No.1 made false entries in furniture account and issued a false certificate to enable accused No.2 to receive funds from Panchayat - Simply..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - When sufficient cause is not shown and application is based on vague, evasive and false averments, then in such case, ex parte decree shall not be set aside...........
Indian Penal Code, 1860, Section 376 -- Rape - Plea of false promise of marriage - Living relationship between prosecutrix and accused - Prosecutrix, a widowed lady, is approximately 10 years elder to accused - Accused and prosecutrix living together for about 7 months prior to lodging of FIR - No evidence on record to prove consent of prosecutrix had been obtained by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - False implication - No material on record to establish that I.O was having any grudge or animosity with accused - Defence adduced by accused does not inspire any confidence - If the purpose of police would only have been to falsely implicate the accused, there was no reason to..........
Criminal Procedure Code, 1973, Section 154 -- FIR - A prompt FIR lends credence to prosecution case because a prompt FIR eliminates all chances of cooking up a false story...........
