Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - False promise of marriage - Prosecutrix was more than 18 years of age at the time of incident - Accused stayed in the house of prosecutrix as tenant for eight months before being ousted - Prosecutrix was aware about marital status of accused while she continued to have sexual relationship with him - Relationship..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376D, 342, 506, 34 -- Bail - Offence u/ss 363, 376D, 342, 506, 34 IPC - Alleged occurrence took place may 2020 and for first time his name was mentioned by prosecutrix in her 3rd statement recorded in June 2020 - Even, prosecutrix so far has not turned up for disposing before the Court -..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Document can be treated as promissory note only when it is promissory both in form and intent - If indebtness is acknowledged in document that any defined sum of money is payable on demand, then only document can be said to be promissory note...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Neither promissory note proved in accordance with law nor its promissory note as defined u/s 5 of the Act - Plaintiff failed to prove its case - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323 -- Bail - Murder - Statement of eye witness in question having no evidentiary value in the eyes of law - Implication of applicant would not be proper on the basis of other circumstantial evidence and corroborative material which would be seen during trial - Bail granted...........
Indian Penal Code, 1860, Section 302 -- Murder - Place of arrest is not material in view of proof of case beyond doubt...........
Indian Penal Code, 1860, Section 302 -- Murder - Non-production of weapon of offence before Court - Cannot be a ground for doubting recovery, because lathi was recovered, description of which was made in the recovery memo - Even otherwise, witnesses have proved that accused had beaten deceased by lathi and medical and post mortem also indicate that injuries were caused by..........
Indian Penal Code, 1860, Section 302 -- Murder - Non-collection of blood from the spot cannot be fatal because it may be a fault on part of I.O - Even otherwise, medical evidence is only corroborative and ocular evidence cannot be discarded on any discrepancy of medical evidence...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Injuries were inflicted by blow of lathi which cannot be said to be deadly weapon - Deceased died due to single fatal injury - Therefore, even if it is a case of single blow of lathi and accused knowingly made a single blow that it was likely to cause death, it would be a culpable homicide not..........
