Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Parties are indulging in sexual relationship for as many as 31 years - Contents of FIR clearly indicate a consensual relationship - Victim was aware that accused was married and despite this knowledge she continued to believe his..........
Criminal Procedure Code, 1973, Section 156, 482 -- Defective investigation - Investigation is still at a very nascent stage, and petition appears to have been filed prematurely without awaiting its outcome - Ordinarily, in cases of grievances arising from unfair or improper investigation of an FIR, aggrieved person can seek recourse by approaching a superior police officer..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Informant stated that deceased was badly assaulted before she was killed - Post-mortem report completely belies such statement as no external injury was found on any exposed part of body of deceased - Though there is no explanation about the circumstance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Contraband - Prosecution has not produced independent eye witnesses of alleged recovery and even no explanation has been offered by prosecution for their non-production - All the witnesses are police personnel - Non-production of independent eye witness is serious lacuna which has made the..........
Live-in-relationship -- Protection to life and liberty - Both the petitioners are major and already married - No divorce has been taken by petitioners from their respective spouses - Petitioners are living together for past few days - Without commenting upon legality of relationship between petitioners or expressing any opinion on merits of their apprehensions, direction..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 447, 34 -- Two dying declarations - Murder - Deceased had given two dying declarations one before police and another before Magistrate and contents of both dying declarations are having material contradictions - However, there is no strong corroborative evidence, to support the claim of prosecution that..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Wife of deceased, is the sole eye witness, however, some contradictions are found in her statement - Police authority recovered the lathi (weapon) used for causing death of deceased on the basis of disclosure information given by accused in the presence of two witnesses but the none of witnesses was present before..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
Live-in-relationship -- Protection to life and liberty - Petitioners are major and are living together for past few days - Petitioner no.1 is already married, having two children and no divorce has been taken by petitioner no.1 from her husband - However, petitioner no.2 is unmarried - Without commenting upon legality of relationship between petitioners or expressing any..........
Custody of child -- Visitation rights - Place of visitation - Police station can never be described as an appropriate place where visitation right may be allowed...........
