Indian Penal Code, 1860, Section 354, 454 -- Outraging modesty of women - Accused came to the roof of house of prosecutrix after scaling the wall and started teasing her breasts and when she objected he used criminal force and torn her shirt - String of salwar of prosecutrix was also forcibly opened by accused in order to rape her - Accused fled away when prosecutrix..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 5 kg.150 gms of charas - Recovery effected from taxi driven by accused with a passenger/co-accused - Co-accused found to be gratuitous passenger, unaware of articles recovered, hence acquitted - Defence of accused that taxi was booked and hired by co-accused found to be false as when he moved..........
Criminal trial -- Circumstantial evidence - Each fact must be proved individually and only thereafter Court should consider the total cumulative effect of all the proved facts, each one of which reinforces the conclusion of guilt - If the combined effect of all the facts taken together is conclusive in establishing guilt of accused, conviction would be justified even..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere institution of criminal case by wife against husband and its family members will per se not constitute cruelty for the purpose of seeking divorce unless it is held by a Court of competent jurisdiction that said complaint/allegation was false and vexatious...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Accused persons were seen by PW7 while they were tying a bundle in "palli" in which dead body of deceased was carried - Though, PW7 has given an exaggerated version and stated differently about the time of arrest, yet his testimony to the effect that he had seen the accused with a bundle in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside when sufficient cause is not shown and application is based on vague, evasive and false averments...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - False case - Husband alleges that wife got registered a false case u/ss 107/151 Cr.P.C. against him - However, husband admitted that wife also moved an application before DC for her rehabilitation in her matrimonial home - Under those circumstances proceedings u/ss 107/151 Cr.P.C. had taken place,..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an affidavit - A person making the application should be conscious and also endeavour to see that no false affidavit is filed - It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law - This will deter him to casually..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - False cause of action, fraud, misrepresentation - Not a ground for rejection of plaint...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Oral dying declaration - 100% burn injuries - Plea of false implication - PW3 daughter of deceased who witnessed the occurrence has informed PW1, brother of deceased who immediately rushed towards the house of deceased and she told him that her husband poured kerosene on her - Oral dying..........
