(A) Penal Code (45 of 1860) , S.376, S.323— Evidence Act (1 of 1872) , S.3— Rape- Proof - Accused had allegedly committed rape on prosecutrix - Delay in lodging of FIR was sufficiently explained - Absence of injuries on private parts of prosecutrix is not always fatal to case of prosecution - Prosecutrix deposed that accused had overpowered her, pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - It was possible that there were no major injury marks - Evidence of prosecutrix was trustworthy and remained unshaken disclosing incident in detail regarding presence and participation of accused in ravishing her - Absence of major injury marks could not be a reason to discard reliable evidence of prosecutrix - Conviction was proper.

2010 ALJ (Supp) 269 (ALL)-AffirmedAIR 1983 SC 753-Relied onAIR 1996 SC 1393-Relied on(Paras101115)

(Para 10 11 15)

(B) Penal Code (45 of 1860) , S.376— Rape - Immoral character of mother of prosecutrix - Whether relevant - Question of conviction of accused for rape of prosecutrix had absolutely no connection with character of mother of prosecutrix - It could not be accepted that alleged immoral character of mother of prosecutrix had any bearing on accused being falsely roped in on the basis of a concocted story by mother of prosecutrix - Said plea was a dire attempt at using it as a license to discredit testimony of prosecutrix and therefore liable to be rejected.

(Para 16)

Delhi Development Act (61 of 1957) , S.22— Auction of Nazul lands - Legality - Lease was never executed by Development Authority in favour of Company pursuant to lease agreement - No rights, title and interest were created in favour of company regarding suit plot - Company had executed agreement of sale in favour of respondent and plot was further sold in auction conducted in liquidation proceedings of respondent - Notice of proclamation itself mentioned that sale of plot was on "as it is basis"- Auction purchaser would not be entitled to either ownership or leasehold rights - Auction purchaser could not claim to be a lessee as the lease in terms of the lease agreement was never executed - Auction would not amount to sale of plot - If auction purchaser desired to get the transaction regularised, he can apply to the Development Authority.

Judgment Dt. 21.01.2010 (Del)-Affirmed(Paras8111214)

(Para 8 11 12 14)

(A) Criminal P.C. (2 of 1974) , S.227— Penal Code (45 of 1860) , S.304A, S.304 Part II— Discharge - Prima facie case - During interior decoration work of shop, while working on sign board, two persons were struck by electricity as result of which they got electrocuted and fell down resulting in multiple injuries leading to their death - It was alleged that accused had failed to provide any safety equipment to deceased - There was no intention or knowledge on part of accused persons to cause death or cause such bodily injury as was likely to cause death - Death was accidental - No prima facie case made out for committing offence either under S.304A IPC, or under S.304 Part II IPC - In any case, committing Magistrate had committed case confining allegations to S.304 Part II IPC - Accused persons were discharged.

Criminal Revision Application No. 269 of 2017, Dt/- 02.11.2017 (Bom)-ReversedAIROnline 1996 SC 261-Distinguished(Paras1417.3)

(Para 14 17.3)

(B) Criminal P.C. (2 of 1974) , S.227— Discharge of accused - Scope of - Explained.

Specific Relief Act (47 of 1963) , S.38— Suit for perpetual injunction - Dismissal of - Legality - Sale Deed did not reflect that original owner had retained a portion of land as pleaded by defendants , after selling 21 cents to plaintiff - Defendants claimed that under a settlement deed, disputed property stood vested in Gram Panchayat - High Court ought to have accepted plaintiff's case by appreciating documents of both parties, who claimed through the original owner and the description of schedule property in sale deed by juxtaposing same with Commissioner's Report and plan drawn to sketch - Non-suiting plaintiff on the ground that suit for mere injunction was illegal, when that was not in issue before trial court , was unsustainable - High Court erred in upsetting findings of fact which did not suffer from perversity.

AIROnline 2022 Mad 1358-ReversedSAMD No. 437/2010 dated 04.03.2022 (Mad)-Reversed(Paras1011)

(Para 10 11)

Criminal P.C. (2 of 1974) , S.439— Bail - Prayer for - Offences of cheating and forgery in public recruitment exams - Allegations that another candidate appeared as a "dummy candidate" in place of accused, attendance sheet was tampered with and photograph of another person was affixed to original admit card of accused - Actions of accused potentially affected thousands of candidates who appeared for exam with honest intentions - Factors considered by High Court while granting bail , like lack of criminal antecedents of accused and length of their custody, though are valid criteria , Court should not lose sight of primary offence and its effect on society- Acts allegedly committed by accused can erode faith of the people in public administration and executive - Order granting bail, was set aside

S.B. Cri. Misc. Bail Application Nos.3348/2024 and 4789/2024 dt. 08.05.2024 (Raj)-ReversedAIROnline 2023 SC 1234-FollowedAIR 2020 SC 670-Followed(Paras910111213)

(Para 9 10 11 12 13)