Indian Penal Code, 1860, Section 467, 468 -- False document - Neither fabrication of a false document nor act of forgery is discernible - Complainant themselves have not asserted that any document was forged - Offence u/ss 467, 468, not made out - FIR quashed...........
Criminal trial -- It is in the wisdom of I.O. to file charge-sheet against those accused only against whom there is strong evidence - Unnecessary harassment and false implication should be avoided...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149 -- Murder - Accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency - As the version of eye witnesses in specifically naming the appellants have been consistent throughout the trial - The principle of `falsus in uno, falsus in omnibus' does not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False prosecution - Dragging husband and his relatives into false prosecution by wife is sufficient ground entitling husband for divorce on the ground of cruelty...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Evidence of PW1 to PW3 r/w evidence of PW4 and PW5 along I.Os who supported the case of prosecution in entirety about demand and acceptance of bribe amount and also recovery of same from possession of respondent - Respondent had received or accepted currency..........
Indian Penal Code, 1860, Section 302, 341, 147, 148, Arms Act, 1959, Section 25, 27 -- Murder - Prosecution case is that only co-accused `G' has fired at the deceased - Respondents have been attributed no specific injury whatsoever - Allegations of having caught hold of deceased or raising of lalkaras are easy to level and are usually done so as to knit a wider net to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false cases by wife - Husband and his family members were subjected to torture physically and mentally at the behest of wife and subsequently, two criminal cases prosecuted against her husband as well as against her in-laws, which resulted into acquittal - Cruelty by way of false litigation is..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Rape - Victim is the only eye-witness to the alleged occurrence and she has supported the prosecution case - However, there is no medico legal examination report of victim on record - More so, when the victim was examined by doctors,..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Motive - Prosecution has enough evidence to hold that accused had the clear motive to eliminate deceased - An illicit/incestuous relationship between A-1 and A-2 had become known to deceased and her family and she had become a stumbling block in the relationship which swelled the common..........
Clean hands -- Restoration of petition dismissed in default - Petitioner must approach Court with clean hands - It is not acceptable when false averments are made in the affidavit filed in support of application besides statements of irrelevant and non existing facts...........
