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.... That makes it impossible to hold that the appellant's plea is false. Besides, falsity of defence cannot take the place of proof of facts which the prosecution has to establish in order to succeed. A...small abrasion over the base of his glans-penis which had a bluish discolouration on it.9. The defence of the appellant was one of simple denial. He stated that he was...Y.V Chandrachud, C.J— The appellant Shankarlal Gyarasilal Dixit who is 30 years of age, was convicted by the learned Additional Sessions Judge, Akola, for offences under...
...(1981) 2 SCC 35 wherein this Court observed thus :‘30. … Besides, falsity of defence cannot take the...accused to discharge the burden under Section 106 of the Evidence Act is not relevant at all. When the chain is not complete, falsity of the defence is no ground to convict the accused...submitted that the defence of the appellant that the deceased died due to burn injuries sustained by an accidental fire was proved to be completely false as can be seen from the post-mortem report and...
...suspicious factors to inculpate the accused nor falsity of defence could take the place of proof which the prosecution has to establish in order to succeed, though a false plea by the defence at best, be...the High Court of Chhattisgarh at Bilaspur, in State Of Chhattisgarh v. Digamber Vaishnav 540, affirming the death sentence imposed by the...Sessions Judge, Baloda Bazar and dismissing the Criminal Appeals Nos. 536-37 of 2014 filed by them challenging the aforesaid judgment and order of the Sessions Judge.2. The...
..., truth in the complaint or falsity of defence are not to be determined. Any way, I am not making any observations regarding the merits of the rival contentions raised in this case, since it is likely...was purchased from 4th accused, the complaint cannot be quashed. It is also submitted that the petitioner taken up a defence under Section 19 of the Act and it has to be established by him...accused is a Salesman of Mundur Service Co-operative Bank Sahakarana Maveli Store. Second accused the Secretary of said Bank (he is the petitioner herein). Third accused is the Mundur Service Co...
...: SCC (Cri) p. 322]”‘30. … Besides, falsity of defence cannot take the place of proof of facts which the prosecution has to...Deonandan Mishra v. State of Bihar AIR 1955 SC 801, (1955) 2 SCR 570, AIR at pp. 806-807, SCR at p. 582 to supplement his argument that if the defence c...fulfilled only then a court can use a false explanation or a false defence as an additional link to lend an assurance to the court and not otherwise. On the facts and circumstances of the present case, this...
...of defence ipso facto would not establish the case of the department. No doubt the falsity of defence may be one of the relevant circumstances that might be taken into consideration in co...[Order per : S. Kalyanam : (Oral)]. - This appeal is directed against the order of the Additional Collector of Customs (Preventive) Indo Nepal Border, Muzaffarpur dated 30...-5-1983 absolutely confiscating the contraband goods (synthetic fabrics) valued at Rs. 96,000/- under Section 111 (d) of the Customs Act, 1962, the Act for short...
...prosecution must succeed on the strength of its own case and cannot rely on the weakness or falsity of the defence version. The falsity of defence version is no guarantee of die ...1. This revision petition is directed against the order dated 13-4-1983 passed by the 3rd Addition Sessions Judge, Indore, in Criminal Revision No. 298 of 1982 whereby setting aside the...trial Magistrate's order dismissing the complaint under Section 203 of the Code of Criminal Procedure 1973 (for short 'the Code') a direction has been issued to register a...
...:
"Besides, falsity of defence cannot take the place of proof of facts which the prosecution has to establish in order to succeed. A false plea can at best be...decision fully supports the case of the appellant that falsity of defence cannot take the place of proof of facts which the prosecution has to establish in order to succeed. This decision has alre....
As to the cause of death, there appears to be a very serious divergence between the prosecution version and the defence case. The positive case of the prosecution was that as the appellant was not at...
...the accused nor falsity of defence could take the place of proof which the prosecution has to establish in order to succeed, though a false plea by the defence at best, be...
Crl.O.P.(MD) No.15991 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.11.2023...
CORAM:
THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN
Crl.O.P.(MD) No.15991 of 2020 and
Crl.M.P(MD)No.7935 of 2020 Kathiravan ... Petitioner...
...observed thus: [SCC para 30, p. 43: SCC (Cri) p. 322]“Besides, falsity of defence cannot take the place of proof of...torn from the context. On the other hand, this decision fully supports the case of the appellant that falsity of defence cannot take the place of proof of facts which the prosecution has to establ...serious divergence between the prosecution version and the defence case. The positive case of the prosecution was that as the appellant was not at all interested in her and had illicit intimacy with...
...account of falling of boiled tea,, which is ruled out by the medical evidence as well as the report of the Chemical Analyser. Falsity of defence is an additional link to prove the prosecution case...report of Chemical Analyser, evidence of P.W 13 Ramrao Deshmukh. In addition, it is pointed out that the applicant took a false defence that the injuries were suffered on account of falling of boiled...R.K Batta, J.:— The applicant challenges the concurrent findings of fact in this Revision Application. The applicant was tried for the offence under Section 326 of the...
...asked her.4.2 These are the factors that would raise doubt that she may be the consenting party. That falsity of defence cannot be used for strengthening the prosecution case and that is...COMMON ORAL JUDGMENT(Per: HONOURABLE MR. JUSTICE A.L DAVE)These two appeals arise out of the judgment and order rendered by Sessions Court, Surendranagar in...Sessions Case No. 10 of 2006 on 28/07/2006. The appellants in these appeals were accused Nos. 1 and 2 before the trial Court. They were charged for the offences punishable under...
...and on the other hand, a copy of the appointment letter dated 31.10.1973 has been provided to the respondent no. 2. The said fact itself would establish the falsity of defence taken by the petitioner...taken by the petitioner. The Information Commission has also not recorded that the defence raised by the petitioner is false. I am of the opinion that before imposition of award under...dated 13.04.2007 However, respondent no. 2 preferred an appeal vide Appeal Case No. 514/2007 on 26.03.2007 In the said proceeding, the petitioner appeared and asserted that in so far as, the copy of...
...Act which is not the case here. Falsity of defence by itself cannot help the complainant or prove the case of prosecution. The entire burden is on the prosecution to prove its case...independently. No doubt under the circumstances of a particular case, the falsity of defence becomes relevant and the Court can take that also into consideration but it will strengthen the prosecution case if it...revision, the concurrent findings of fact should not be disturbed in exercise of the revisional powers by this Court. It was also his submission that since the accused has taken the defence of denial...
...falsity of defence taken by the appellant would provide a missing link in the chain of circumstances which would point out towards commission of misconduct by him. In a departmental proceeding, it is...misconduct and unbecoming of a member of the Force. Hence the charge”
7. The appellant submitted his written statement of defence on 29 January 2011 putting forth a defence....
12. In the above context, we notice that the defence set up by the delinquent employee at the first instance is not supported by even an iota of evidence rather the same seems to be a false ...
...scanty evidence.
Falsity of defence cannot be a ground for recording conviction in
absence of any other cogent material. The conviction, therefore,
cannot be sustained and the appeal deserves to be...death around 8.20 hours on
11.1.2003;
(2) That
the death of the deceased was not an accidental death as per the
defence taken by the accused-appellant, but was a homicidal death...conviction on the basis of the above
circumstances coupled with the fact that the defence of the accused
was found to be false.
10. We
may record that recovery of pestle and stick...
...by nobody else, they being personally and exclusively within his knowledge. Of late, courts have, from the falsity of the defence plea and false answers given to court, when questioned, found the.... The falsity of defence plea has been regarded as an additional link in the chain of circumstances. The conviction has therefore been rightly recorded by the trial court and affirmed by the High Court...has been held that the onus was on the prosecution to prove that the chain is complete and the infirmity of lacuna in the prosecution cannot be cured by a false defence or plea. The conditions precedent...
...connecting her with the commission of the offence of murder. Falsity of defence cannot take the place of proof of facts which the prosecution has to establish in order to succeed. A false...Behera, J.:— In the early hours of June 13, 1971, Biswanath Gouda (hereinafter referred to as the deceased) of village Saranpur in the district of Koraput was found lying dead in his house...with a Chadar covering the dead body. The appellant Moti, who was the second wife of the deceased, had, it was alleged, along with Ratan Gouda, who was said to be her paramour, killed the deceased in...
...probable, uncorroborated evidence supported by such circumstantial evidence may be enough. Falsity of defence may be no substitute. Although this charge of adultery assumes a criminal character and demands...1. The District Judge has under Section 17 of the Indian Divorce Act, referred for our confirmation the decree nisi, passed in favour of the petitioner and...Court, the respondents did not appear and could only be served with summons of the suit only by substituted service by publication in newspaper.
2. Marriage between the petitioner and the...
...around the eye. The direction in which the bullet had travelled through the eye to the occipital region would show that it is a case of accidental firing. The counsel has further argued that falsity of defence or...giving a false explanation does not provide an additional link and cannot be made a ground for conviction. In the present case, it is not the falsity of defence which is being considered and...threshold i.e even prior to investigation, at the time of investigation and, therefore, his conduct indicates the act of guilty mind. To substantiate the arguments on falsity of defence, the learned...