Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Mere delay in registering FIR by itself may not render the entire case of prosecution doubtful more particularly, the oral version of eyewitnesses doubtful - However, delay in the registration of FIR should be looked into considering other infirmities emerging from case of prosecution...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Evidence tendered by defence witnesses cannot always be termed as a tainted one - Defence witnesses are entitled to equal treatment and equal respect as that of prosecution - Issue of credibility and trustworthiness ought also be attributed to defence witnesses at par with that of prosecution...........
Indian Penal Code, 1860, Section 302 -- Murder - Eye-witnesses stated that there were three accused - However, no explanation given as to why in the FIR only the name of respondent/accused figures - Having regard to the unnatural conduct of all the three eyewitnesses and also having regard to the fact that FIR came to be lodged almost after a period of 14 hours renders the..........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Representation by accused to the deceived doing fraudulent or dishonest inducement is sine qua non for making out offence u/s 420 IPC - There is no allegation of complainant that any accused has made any representation to him to part with any property - As such, for want of any..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Appellate Court was required to deal with reasoning recorded by trial Court in terms of O.41.R.31 CPC - Duty was on Appellate Court to record reasons for reversing the findings recorded by Court of first instance - Since appellate Court failed to do so and completely misread the pleadings,..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 366, 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Suspension of sentence during pendency of appeal against conviction - Kidnapping and rape - Applicant has undergone..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence of communication between deceased and petitioner - Family members of deceased have belatedly levelled general, omnibus and bald allegations that deceased was distressed due to conduct of co-accused and petitioner in not returning cash and gold jewellery - Prima facie offence u/s 306 IPC not made out..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376D, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5), 3(1)(r) -- Bail - Rape - Victim turned hostile and did not support prosecution case - Appellant has made out a case for bail - Bail granted with conditions...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding whether plaint reflects cause of action or not, Family Court was not required to make an elaborate inquiry into doubtfulness or complicated question of law or facts, but Court is restricted to ascertain whether cause of action is shown...........
