Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Accused and victim are in sexual relationship for a period of more than five years - It is not the case of victim that accused had given promise to her to marry which at the inception was false and on the basis of which victim was induced into sexual relationship - Victim was very well knowing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Enhancement of compensation - Complainant a senior citizen has been running from pillar to post to recover his money since 2016 which he had paid to accused for his proposed apartment project - Defence of accused appears false - Accused deposited only Rs.1,40,000 as per order of Court out of total..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Enhancement of compensation - Complainant a senior citizen has been running from pillar to post to recover his money since 2016 which he had paid to accused for his proposed apartment project - Defence of accused appears false - Accused deposited only Rs.1,40,000 as per order of Court out of total..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by husband - Husband not disputed his presence at home at the relevant time - He failed to offer any explanation or gave false answer as to how wife received injuries - Defence of robbery taken by husband not proved as nothing on record to indicate that he had suffered any injuries - On the other hand there were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - Accusations against accused are not prima-facie wholly false, frivolous or vexatious in nature, so as to justify grant of bail - Prosecution has brought on record adequate material that would prima-facie point towards the guilt of..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - When materials placed on record itself are not sufficient to attract a prima facie case of any of offences u/ss 376(3), 376(AB), 376(DA), 376(DB) IPC or false nature of allegations is evident from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
Indian Penal Code, 1860, Section 376 -- Rape - Distinction between "mere breach of promise" and "giving a false promise to marry" - Only a false promise to marry made with an intention to deceive a woman would vitiate the woman's consent being obtained under misconception of fact, but mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(N), 506, 34 -- Rape - Prosecutrix was in physical relationship with accused for a long period - She herself went with accused to a house where incident occurred - It cannot be said that her consent was obtained by misconception of fact - At the most, it can be said to be a breach of promise to marry - Moreover, near about more than..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of case of bigamy against husband by wife - Husband though acquitted in criminal cases filed by wife, but order of acquittal not placed on record to identify whether husband has been acquitted on benefit of doubt or on the ground that a false allegation has been made against him - Filing of..........
