Indian Penal Code, 1860, Section 376D, 377, 394 -- Rape of married woman - Statement of prosecutrix is duly corroborated by medical evidence - Prosecutrix had suffered injuries on her cheeks, private part, thighs and back - There was swelling in vagina of prosecutrix - Offence was promptly reported to police - Prosecutrix was medically examined on next day, although no..........
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..........
Indian Penal Code, 1860, Section 302, 436, 34 -- Murder - Testimony of eye witnesses - Serious discrepancy found in eye witnesses account regarding time of their arrival at the spot - Evidence of medical jurist and I.O regarding absence of wire marks on dead body, duration for which dead body of deceased would have kept burning for it to present signs which were notice in..........
Indian Penal Code, 1860, Section 302, 201, 452, 506, 34 -- Murder - Circumstantial evidence - Last seen evidence - Conduct of last seen witness PW14 creates dent in prosecution story as he remain silent for a considerable long period i.e nearly one month - PW14 knows the family of deceased and he knows deceased was missing and also knows that family of deceased entertains..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 363, 366, 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5), 3(1)(W1) -- Cancellation of bail - Kidnapping and rape - Bail granted to petitioner despite revision seeking bail was..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Complaint filed after 1 month of incident by complainant though in his presence dead body of deceased was buried after her death - Although PWs claimed to have seen injuries on deceased just after death, but none of them made any attempt to report the matter to concerned police station immediately after noticing..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 20(3) -- Dishonour of cheque - Quashing of complaint - Offence by company - Accused not named as authorised signatory - Court directed accused to file affidavit as to whether he was such authorised signatory or not - Seeking such affidavit..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Second bail application - Cheating - Accused 65 years old arrested in May 2019 - Charge sheet has already been filed - No recovery is now required to be effected from accused - Accused released on bail...........
