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..........
Indian Penal Code, 1860, Section 302, 201, 120B -- Murder - Circumstantial evidence - Recovery of various articles at the instance of accused - Specific questions were put to accused in his examination u/s 313 Cr.P.C regarding recovery of various articles at his instance and also regarding FSL report, but he failed to give explanation with regard thereto - However, High..........
Indian Penal Code, 1860, Section 376 -- Rape - Quashing of FIR - Commission of offence is made out from bare reading of contents of FIR - As regarding contentions of accused that complainant is a habitual blackmailer and she lodged false FIR with intention to extort money cannot be taken into consideration at this stage - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 313, Evidence Act, 1872, Section 106 -- Statement u/s 313 Cr.P.C. - Accused and deceased alone in the house and on the next day morning dead body of deceased found - Accused to explain what happened in that night - Non explanation or false explanation by accused cannot be taken as a circumstance to complete the chain of circumstances..........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken..........
Evidence Act, 1872, Section 92 -- Oral evidence - Exclusion of - Certified copy of sale deed - Due execution of document not in doubt - As per document balance of sale consideration was paid by cheque, but as per witness it was paid by cash - Mere fact that after more than 3 decades of execution of document, witness made mistake in speaking manner of payment of balance..........
Advocates Act, 1961, Section 48AA -- Review - Order of Bar Council of India (BCI) - Reason which swayed BCI to review its own order was that before State Disciplinary Committee respondent/advocate was not given adequate opportunity to cross-examine complainant - However, cross-examination of complainant was closed after giving adequate opportunities to respondent - Issue..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 354, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Anticipatory bail - Offence u/ss 323, 354, 452 IPC and S.3(1)(xi) of SCST Act - Accused in order to outrage the modesty of Scheduled caste woman entered into her house and caught hold of..........
Interim Maintenance -- Suppression of income by husband - In maintenance cases spouses do not come forward to disclose their true and correct income - Moreover, this is not a case of suppression of income alone where husband states that he is not earning a great amount but a meagre amount - Pleas taken by husband regarding purchase of new car by his father for him appears..........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Plea that original document is lost - If a party is unable to support his plea and had exposed his own version to be false in cross-examination, Court would eschew such document from consideration, no matter such document was exhibited as evidence in Court...........
