Penal Code, 1860 (IPC)—Sections 363, 366, 376—Kidnapping, Abduction, Rape—Voluntary Accompaniment by Prosecutrix—Contradictory Medical Opinions on Age—Benefit of Doubt—The case hinged on the testimony of the prosecutrix (PW-1), who alleged that the appellant, along with two co-accused, forcibly took her and subsequently subjected her to rape—However, her own testimony revealed that she traveled willingly with the appellant, attended village panchayats, and did not raise an alarm while commuting by bus—The defense of marriage was found plausible, as she admitted to signing documents in court—The High Court disbelieved her rape allegations, noting the absence of injuries and her prolonged stay with the appellant—Contradictory medical opinions placed her age between 14 and 18 years&...

Criminal Procedure Code, 1973 (CrPC), Section 374(2)—Penal Code, 1860 (IPC)—Sections 120B, 364A, 395, 397 read with Section 149—Conviction and sentence passed—Charge sheet—Accused individuals filed appeals challenging their convictions for various crimes—Including conspiracy—Abduction—Robbery, and dacoity—The prosecution's case relied on witness testimonies and seized items as evidence—However, several witnesses turned hostile, undermining the prosecution's credibility—Inconsistent identification processes and unreliable testimonies further raised doubts. The defense argued the case lacked concrete evidence—Ultimately, the court found that the prosecution had failed to prove the charges beyond reasonable doubt—Inconsistencies, lack of proper identificati...

Civil Procedure Code, 1908—Order 21, Rule 24—Execution of decree—National Consumer Disputes Redressal Commission (NCDRC) ruled on a dispute involving an insurance policy with a clause regarding currency conversion rates—The lower forums had interpreted the clause differently, leading to a protracted legal battle—The Supreme Court upheld the NCDRC's decision, emphasizing that the clause explicitly required conversion at the bank buying rate of exchange in Mumbai on the date of the shipment's invoice—The appellant's contention was rejected, and the NCDRC's order was upheld, as it adhered to established legal principles. ...

Specific Relief Act, 1963 - Section 20—Transfer of Property Act, 1882 - Section 53A—The possibility of injury to third parties does not automatically prevent the plaintiff from seeking specific performance—The court considers each case individually—If the plaintiff has taken substantial actions or suffered losses due to a contract, specific performance may be granted—However, under Section 53A of the Transfer of Property Act, a party must demonstrate a genuine willingness to perform their part of the contract to claim rights in cases of part performance. ...

Constitution of India, 1950 - Article 142—Neyyattinkara Deveswom—Claim for transfer—Dispute arose over a claim for transfer. The appellant sought transfer based on station seniority, while the 1st respondent claimed it based on both station and service seniority. The Circular specified a cut-off date for applications, and station seniority was to be determined as of that date. The 1st respondent would continue at Neyyattinkara sub-group Sree Krishnaswamy Temple until retirement, after which the appellant would be posted there from August 1, 2018, for three years. ...

Penal Code, 1860 (IPC)—Section 34, Section 366, Section 368,—Accused Gabbu, was convicted under Sections 366 and 506-B of the Indian Penal Code (IPC) for allegedly abducting and threatening the prosecutrix—The prosecution contended that Gabbu, along with other accused, abducted the prosecutrix, took her to different places, and subjected her to sexual exploitation—The Sessions Court sentenced Gabbu to imprisonment and imposed fines—The prosecutrix's version stated that Gabbu and others entered her house, applied medicine, and later forcibly took her away—The High Court affirmed Gabbu's conviction, emphasizing the prosecutrix's statement and dismissing concerns about delayed filing of the FIR.However, the Supreme Court, upon review, raised doubts about the prosecution's version—It n...

Evidence Act, 1872—Section 106, Section 114—Penal Code, 1860 (IPC)—Section 120B, Section 147, Section 148,—Abduction—Abduction and murder of Ramlal—The prosecution's case rested on circumstantial evidence and eyewitness testimonies—The court found the evidence regarding criminal conspiracy insufficient but accepted the testimony of Manaram (PW 2) and his son Sardar Mal (PW 4) regarding the abduction of Ramlal—The court, however, rejected evidence related to events inside Khemaram's house and the accused persons traveling in a tractor trolley—The medical evidence confirmed Ramlal's homicidal death due to strangulation—The court also scrutinized evidence of recoveries and found it doubtful—The High Court applied Section 106 of the Evidence Act, emphasizing that th...

Penal Code, 1860 (IPC)—Section 362, Section 363, Section 364A, Section 365 -Conveyance of demand of ransom —Abduction of a college student with the intention of demanding ransom, the accused conveyed the ransom demand to the victim—The victim managed to escape, informed villagers, and the accused were arrested on the spot—The question before the court was whether the act constituted an offense under Section 364-A of the Indian Penal Code.The court held that to establish an offense under Section 364-A, it must be proven that the accused kidnapped or abducted the person, kept them under detention, and the abduction was for ransom—The court emphasized that the essence of abduction under this section is causing the victim to stay in isolation with a demand for ransom.The court rejected the argument that the ...

Evidence Act, 1872—Section 32—Penal Code, 1860 (IPC)—Sections 364, 300, 323, 200—Abduction and murder, the prosecution's case lacked support from its witnesses, and the dying declaration allegedly made by the deceased was not proven—The conviction of some accused was based solely on the ground that they had a motive for committing the alleged crime, which the court deemed impermissible—Dying declarations, considered exceptions to the general rule against hearsay evidence, must still be tested for credibility—Section 32(1) of the Indian Evidence Act, 1872 allows dying declarations, given their special sanctity as statements made on the verge of death—However, their reliability must be assessed, as they lack the opportunity for cross-examination—If found reliable, a dying declaration...

Penal Code, 1860 (IPC)—Sections 366 and 376—Abduction and rape—Prosecution alleged that the appellant, a tuition teacher, took the prosecutrix away against her will, forced her into marriage, and committed rape—However, the Supreme Court found discrepancies in the evidence, particularly regarding the age of the prosecutrix—The prosecution relied on the prosecutrix's statement that she was 14 years old, but other evidence, including her father's testimony, suggested she was around 19—The Court noted that the prosecutrix had willingly accompanied the appellant, and there was no evidence of coercion or inducement—Consequently, the Court held that the charges under sections 366A, 376, and 366 could not be sustained—The appellant's appeal was allowed, and his convictions were set asid...

Penal Code, 1860 (IPC)—Section 366—Abduction—Acquittal in abduction case—State v—Shyam & Suresh (1984)—In a case of alleged abduction under IPC section 366, the Supreme Court acquitted the appellants, Shyam and Suresh, finding the prosecutrix's testimony unreliable—Despite initial findings of unlawful guardianship breach, the Court reasoned that the prosecutrix, Lalita, appeared complicit in accompanying Shyam, denying coercion—Noting inconsistencies in her testimony and circumstances, including her age and awareness, the Court deemed her involvement voluntary—Observing the lack of force or resistance, the Court concluded insufficient evidence to establish abduction, leading to the appellants' acquittal—The ruling highlights the necessity for credible evidence and con...

Penal Code, 1860 (IPC)—Section 109, Section 120B, Section 302—Appellant Pyare Lal contests the judgment of the Allahabad High Court which upheld his conviction under Section 366 read with Section 109 of the Indian Penal Code (IPC) and a sentence of seven years' rigorous imprisonment—The case involves the abduction, rape, and murder of Shri Bai, wife of co-accused Roop Narain—The appellant, related to Roop Narain, facilitated the abduction by bringing Babu, who eventually raped and fatally injured Shri Bai—The High Court acquitted Babu due to insufficient evidence of his identity but upheld the convictions of Pyare Lal and Roop Narain, emphasizing their deceitful role in the abduction—The appellant argued against the sufficiency of evidence and the burden of proof, but the Court found the evidence, i...