Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Accused acquitted on the basis of apparent lapses in the investigation and missing links on the following grounds: (i) Non-recovery of stolen money and weapon of offence; (ii) False case lodged by PW2 alleging he was looted by some other miscreants; (iii) Non-identification of dead body; (iv)..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Motive - Prosecution alleged that motive of crime is lust of money which was carried by deceased - But no money was recovered from accused persons - However, after investigation it was discovered that false case was registered by PW2 that he was being robbed by some other miscreants - Serious..........
Criminal Procedure Code, 1973, Section 154 -- FIR - A prompt FIR is indicative of fact that there are remote chances of false implication...........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Inimical relations of PW5 and accused `S' - PW5, who has given direct evidence of rape, is an advocate and an accused in another rape case - He admitted that accused `S' and his brother lodged a case against him under the provisions of Protection of Forest Act - PW5 influenced the victim and her husband to lodged..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Character of victim though not relevant in the matter but reference can be made - Victim had lodged another rape case after six months of this incident, in which one of present accused `S' is also an accused and her husband, PW5 and brother of accused `S' are witnesses - More so, victim is also an accused in rape..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Official witnesses - Conviction of accused solely rests on testimony of official witnesses - Testimonies of official witnesses cannot be brushed aside being interested witnesses but while considering its probative value, Court must also be cautious against false..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Capacity to advance loan - As per accused, he demanded friendly loan of Rs.1,50,000/- and as per complainant at relevant time he was not having Rs.1,50,000/- and gave only Rs.1,35,000/- by borrowing from his Mamaji by mortgaging the gold - However, complainant failed to tell the name of his..........
Indian Penal Code, 1860, Section 376 -- Rape of 11 years old minor girl - Accused apprehended on the spot - Testimony of prosecutrix cogent and clear and fully corroborated by medical evidence - As per medical evidence private part of prosecutrix was bleeding and hymen was found fresh torn - Blood stains were found on kurti and salwar of prosecutrix, which clearly..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False complaint - No criminal complaint was made by wife, nor there were any scandalous allegations either against husband or his family members - Isolated incident regarding filing of complaint to the commanding officer of husband, which was not even proved as per law, was not sufficient to prove cruelty -..........
Criminal Procedure Code, 1973, Section 250 -- Malicious prosecution - Compensation - Acquittal in an offence under NDPS Act - Acquittal on the foundation that there was delay in obtaining report from FSL and further the test showed that seized items did not contain any contraband article - Nothing on record to show lapse on the part of seizing officer - No evidence of..........
