Indian Penal Code, 1860, Section 376 -- Rape - Discharge - Love affair between parties for prolonged period of 8 years - Prosecutrix is sufficiently of matured age to be conscious of relationship, both physical and mental - Merely because relationship between parties had now turned sour, it cannot be inferred that physical relationship established with her on every..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Bare allegation is made to the effect that prosecutrix was assaulted without any details being furnished - Said allegation is as vague as it could be - Offence u/s 323 IPC not made out - Accused discharged...........
Criminal Procedure Code, 1973, Section 432, 433 -- Pre-mature release - Opinion of Presiding Judge u/s 432(2) Cr.P.C is not available - Sentence of accused was confirmed by High Court - However, there are overwhelming materials on record unerringly indicating towards remission of accused - Presently accused is aged about 73 years and 84 years respectively - No reason in..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Certified copies of documents, which form part of judicial record, sought to be produced by plaintiff - Relevancy and evidentiary value of documents shall be gone into by trial Court at the time of final arguments - Application allowed...........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Recovery of pistol from accused - Nothing on record either in the form of statements of witnesses or even medical report that pistol was ever used - Nothing was recovered from accused as per memo prepared at the time of his personal search - However, in..........
Indian Penal Code, 1860, Section 394, 397, Arms Act, 1959, Section 25 -- Offence u/ss 394, 397 IPC and S.25 of Arms Act - Two witnesses who reached the spot on a tractor did not support prosecution case - Improvement in statement of complainant which makes the case of prosecution doubtful - Material witness who is named in FIR and on whose arrival at the scene of crime..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
Indian Penal Code, 1860, Section 376(2)(D), 506, 34 -- Rape - Incriminating evidence not put to accused in their statement recorded u/s 313 Cr.P.C. - Same cannot be considered by Court - Judgment of acquittal set aside - Matter remanded...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Orders/judgments passed by Revenue Court placed on record by defendants - Such orders/judgments admitted by plaintiff in plaint - Court can take these into consideration while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Orders/judgments passed by Revenue Court placed on record by defendants - Orders/judgments passed by Courts are public documents and same though placed on record by defendants, can definitely be considered while deciding application U.O.7.R.11 CPC...........
