Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - I.O was not examined - Non-examination of I.O. in attending circumstances rendered prosecution case to be doubtful if not false - Offence u/s 201 IPC could not have been proved without his examination...........
Indian Penal Code, 1860, Section 376(1), 376(2)(n), 90 -- Rape - Consent - False promise of marriage - Victim fell in love with accused - Material on record shows that accused had never intended to marry victim and procured her consent only for having sexual relations with her, which falls under definition of rape - Pleadings of victim point to the fact that her consent to..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Several doubts and inconsistencies in the prosecution's case, including the non-explanation of accused No.11 injuries and the delay in lodging the FIR - Names of accused Nos.8 to 10 were not mentioned in contemporaneous documents, raising the possibility of false implication - Considering these factors, the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Gazetted Officer forming part of detecting or investigating team, is not a competent officer since he cannot be held as an independent officer to ensure search without false implication...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere filing of criminal case cannot be construed as mental cruelty unless jurisdictional Court gives finding that initiation of case is malicious and false one...........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - But, mere breach of promise cannot be said to be a false promise...........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Presence of accused in the house of victim, taking victim inside the room by holding her hand, removing her pant etc. proved by prosecution - Presumption about culpable mental state of accused proved u/s 30 of the Act - Testimony of victim inspires confidence - Plea of false implication..........
Indian Penal Code, 1860, Section 182, Criminal Procedure Code, 1973, Section 468, 469 -- Kalandra/complaint u/s 182 IPC - Limitation - Starting period - Limitation starts on the date when the police officer finds that complaint was false - Therefore, taking cognizance against petitioner u/s 182 IPC on the basis of complaint after expiry of one year as prescribed u/s 468..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Action of accused removing undergarment of victim covering and protecting her private parts and forcibly made her lie down on the ground cannot be for any other oblique reason but indubitably for purpose of ravishing her - Relationship between parties was not acrimonious, obliterating element of false..........
