Indian Penal Code, 1860, Section 376(2)(i) -- Rape of physically challenged girl - Prosecutrix in her evidence and in her statement identified accused as perpetrator of crime of rape - Evidence of prosecutrix is corroborated by her mother - Accused on their interrogation made a voluntary confession of committing rape upon prosecutrix - Evidence of prosecution is found to..........
Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Additional evidence at appellate stage - Re-examination of victim - Rape of 17 years old girl - Victim clearly stated in her evidence that she was 17 years on the day of occurrence and accused had made a false promise that he would marry her and against her..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Partition suit - When prima facie documents are not concocted or false and same is registered wherein interest of defendant is prima facie made out and property in question is ancestral property, both parties have right to adduce evidence and to prove accordingly - Defendants permitted to..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 498A, 34 -- Two dying declarations - Murder of wife by husband - Deceased in her second dying declaration categorically stated that at the time when she gave first statement that it was a case of accident, she was given threats by accused that he will kill her children also - She also stated in second..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C - False explanation or non-explanation u/s 313 Cr.P.C can only be used as an additional circumstance, when prosecution has proved chain of circumstances leading to no other conclusion than guilt of accused - However, it cannot be used as a link to complete the chain...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise to marry - Quashing of charge sheet - No allegation that promise to marry was false at the inception - On the contrary, it appears from contents of FIR that there was a subsequent refusal on the part of accused to marry which gave rise to the registration of FIR -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife made several defamatory complaints to husbands superiors - Husband suffered adverse consequences in his life and career on account of allegations made by wife - Husbands career and reputation suffered - Legal consequences must follow and those cannot be prevented only because, no Court has..........
Criminal Procedure Code, 1973, Section 340, Indian Penal Code, 1860, Section 211 -- Offence u/s 211 IPC - False charge u/s 211 IPC only relates to original and initial accusation through which criminal law was set in motion - Admittedly, it was not the accused who had set criminal law in motion - Petitioner came into scene only at a later point of time when case was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354A, 341, 323, 506, 509, 34 -- Quashing of FIR - Compromise - Offence u/ss 354, 354-A, 341, 323, 506, 509, 34 IPC - Oral settlement arrived at between parties - Matter has been settled amicably - Complainant has no objection if FIR is quashed - No useful purpose will be served in prosecuting..........
