Indian Penal Code, 1860, Section 363, 376(2)(i), 341, 323, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Prosecution not established on record that accused was even seen with prosecutrix either on first date of incident or on second date of incident - Evidence on record shows that prosecutrix attended her classes in school..........
Indian Penal Code, 1860, Section 302, 452 -- Murder - False implication - Deceased was taken to two government hospitals, but nowhere it was disclosed to treating doctors that it was accused who caused gunshot injuries to deceased - As per prosecution case, it was disclosed by witnesses that some thieves have entered the house of deceased and committed his murder -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 313, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused sexually exploited prosecutrix for about one and a half year on false promise of marriage with result that she had become pregnant - Thereafter, accused administered abortion pills to complainant and also..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Vague and trivial allegations made by husband against wife - No evidence placed on record by husband that wife filed false and defamatory complainants against him - Very fact that wife had filed a petition for restitution of conjugal rights goes to show that she had in fact wanted to..........
Representation of the Peoples Act, 1951, Section 33A, 125A, Conduct of Election Rules, 1961, Rule 4A -- Election - Form 26A - Offences punishable with imprisonment for two years or more - Mandates disclosure of information by contesting candidate of not only cases in which charges have been framed but also cases in which cognizance has been taken by the Court - Any false..........
Criminal Procedure Code, 1973, Section 340 -- False evidence - To proceed u/s 340 Cr.P.C. : (a) Court must record a finding to the effect that the person concerned has intentionally given false evidence; (b) Court should also be satisfied that in the interests of justice, it is expedient that such person be prosecuted; (c) Court may hold a preliminary inquiry to reach at..........
Criminal Procedure Code, 1973, Section 340, 125 -- False evidence - Proceedings u/s 125 Cr.P.C. - Giving false evidence by wife stated to be : (a) he and his family members got sex determination test for knowing fetus in womb either female or male child by astrologer etc. at the time of pregnancy of seven weeks some days; (b) mentioning of wrong or false date of Jat..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Inducement to have a physical relationship by promising marriage must have a clear nexus with the moment promise of marriage is made and same cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Two consenting adults establishing a physical relationship is not a crime and not an offence under IPC - Unless there is an affirmative, conscious and voluntary consent to engage in sex, same would constitutes an offence...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Prosecutrix appears to have used allegation of inducement of physical relationship on promise of marriage to not only justify her physical relationship with accused in past, but also her conduct after FIR was filed - She had refused an internal medical examination - More so, prosecutrix three months..........
