Evidence Act, 1872, Section 32 -- Dying declaration - If on careful scrutiny, Court is satisfied that dying declaration is true and free from any effort to induce deceased to make a false statement and if it is coherent and consistent, there should be no legal impediment to make it a basis of conviction, even if there is no corroboration...........
Police Officials -- Court while considering its probative value, must be at guard against false implication...........
Constitution of India, 1950, Article 227, Criminal Procedure Code, 1973, Section 190, 195, 340, Indian Penal Code, 1860, Section 191, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14 -- Giving false evidence - Quashing of proceedings - Held, merely because there was some calculation mistake committed by..........
Indian Penal Code, 1860, Section 376 -- Rape of married woman - Prosecutrix kept on screaming for 15 minutes during the intercourse, however no injury was found on her private parts and other parts of body - PW an eye witness does not support the case of forcible intercourse - Prosecutrix herself departed from the fact that PW is an eye witness of incident - FIR lodged by..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife by misbehaving with husband and his family members using foul language and threatened to commit suicide has thus caused mental cruelty - As it would be extremely difficult for any spouse or its family members to live in constant threats of suicide - False cases filed against husband and his family..........
Hindu Marriage Act, 1955, Section 13, 25 -- Divorce - Mental and physical cruelty - Wife not ready and willing to reconcile and to cohabit with husband - Wife and her family members filed false criminal case against husband and his family members which tantamount to mental and physical cruelty - Animus deserendi also proved against wife - Parties litigating and living..........
Indian Penal Code, 1860, Section 302, 456 -- Death by poisoning - Bottle of poison not recovered from the place of occurrence - Fact of broken bangles narrated by prosecution found false - Condition of body does not support the case about struggle or forcibly administration of poison - Contradictions in the statements of prosecution witnesses - Prosecution failed to prove..........
Indian Penal Code, 1860, Section 376 -- Rape - Acquittal - Validity - Prosecutrix had taken a conscious decision to establish physical relationship knowing fully well that her marriage may or may not take place as both parties belonged to different castes - Despite said fact if prosecutrix had decided to voluntarily enter into a physical relationship with respondent and..........
Evidence Act, 1872, Section 32 -- Dying declaration - When conviction can solely be based on dying declaration? - Held, if after careful scrutiny, Court is satisfied that dying declaration is free from any effort to induce deceased to make a false statement and if it is coherent and consistent, then there shall be no legal impediment to make it basis of conviction, even if..........
Indian Penal Code, 1860, Section 376 -- Rape - No woman ordinarily likes to make false allegation of rape and it is blemish upon her - However, statement of prosecutrix cannot be accepted in every case - It is not the law that it has to be blindly accepted - It has to be closely examined and evaluated with regard to the facts and circumstances as borne out from the record..........
