Criminal Procedure Code, 1973, Section 313 -- No answer or false answer to incriminating circumstances put to accused u/s 313 Cr.P.C. - Effect - Held, it is obligatory on part of accused while being examined u/s 313 Cr.P.C., to furnish some explanation with respect to the incriminating circumstances associated with him - Court must take note of such explanation even in a..........
Criminal Procedure Code, 1973, Section 173(2), 156(3) -- Final report - Finding of allegations in private complaint false - Held, it is not incumbent upon IO or Officer laying final closure report to file a complaint against de facto complainant for giving false evidence and misusing their official position as public servants...........
Indian Penal Code, 1860, Section 376 -- Rape - Relations of the family of the prosecutrix and that of both the accused were sour over money dispute - There was possibility of false implication...........
Criminal Procedure Code, 1973, Section 195 -- Prosecution for giving false evidence - Perjury - Sessions Judge had neither recorded his opinion that it was expedient in the interest of justice that an enquiry should be held against appellants for offences mentioned in S.195(1)(b) of the Code nor any written complaint was made - Held, no cognizance can be been taken by CJM..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint - Ground of lack of jurisdiction - Validity - Magistrate simply took note of investigation but failed to consider contents of said report while dismissing complaint on ground of lack of jurisdiction - Held, as per S.203 of the Code, Magistrate is required to consider result of investigation and not just..........
Criminal Procedure Code, 1973, Section 203 -- Complaint without prior sanction - Dismissal of - Validity - Allegations against public servant are of forging and creating false and bogus certificate in order to get admission in Ayurvedic College - Dismissal of complaint on ground that no prior sanction was obtained - Held, it is settled law that such offences can by no..........
Criminal Procedure Code, 1973, Section 340, 195, 482 -- False statement - Quashing of proceedings - Applicant alleged to have made a wrong statement that revision of other side was dismissed with costs - Held, this statement does not have direct bearing on the outcome of proceedings and would not constitute false statement - It is only that statement which has direct..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Some mistake in case records represented before Magistrate by appellant/complainant - Instead of taking any earnest and speedy steps to correct mistake occurred in present case complainant and his counsel protracted proceedings in another case by mis-leading Court below and making..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Proof - Nothing is forthcoming from evidence on record to show that due to enmity or happening of some untoward incident with victim by family members of accused, she lodged false complaint - Evidence of victim is found quite natural and there is no reason to discard her evidence - Held, looking to the..........
Indian Penal Code, 1860, Section 353, 354, 333, 332, 186 -- Obstruction to public servant in discharge of duty - Delay of two days in lodging FIR - Delay not satisfactorily explained - It is nowhere stated as to how, in what manner, when and where appellant has deterred complainant from discharging her any particular official duty - Eye-witnesses of occurrence, instead of..........
