web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008

Posted on August 10, 2018 by ShadesOfKnife

Hon’ble Supreme Court held that perjury proceedings initiated by Trial Court and High Court does not suffer from any infirmity and as such the petitions were dismissed,

As she resiled from the statement made during investigation, she was permitted to be cross-examined by the prosecution. She even denied to have lodged the first information report (Exh.P-1) and to have given any statement 1 to the police (Exh.P-2). In view of the statement of the petitioner, the two accused persons were acquitted by judgment dated 28.11.2001.

Another gem of the mindset of some women and her family members

Learned counsel for the petitioner stated that being a girl of tender age, she was pressurized by her mother and uncle to give a false report. This is at variance with the statement made in court during trial to the effect that she had not reported anything to the police.

Purpose of Section 344, Cr.P.C.

The purpose of enacting Section 344, Cr.P.C. corresponding to Section 479-A of the Code of Criminal Procedure, 1898 (hereinafter referred to as ‘the Old Code’) appears to be further arm the Court with a weapon to deal with more flagrant cases and not to take away the weapon already in its possession. The object of the legislature underlying enactment of the provision is that the evil of perjury and fabrication of evidence has to be eradicated and can be better achieved now as it is open to the courts to take recourse to Section 340(1) (corresponding to Section 476 of the Old Code) in cases in which they are failed to take action under Section 344 Cr.P.C.

Conditions to initiate CrPC 344 proceedings

For exercising the powers under the section the Court at the time of delivery of judgment or final order must at the first instance express an opinion to the effect that the witness before it has either intentionally given false evidence or fabricated such evidence. The second condition is that the Court must come to the conclusion that in the interests of justice the witness concerned should be punished summarily by it for the offence which appears to have been committed by the witness. And the third condition is that before commencing the summary trial for punishment the witness must be given reasonable opportunity of showing cause why he should not be so punished. All these conditions arc mandatory. [See Narayanswamy v. State of Muharashtra, (1971) 2 SCC 182].

Mahila Vinod Kumari Vs State Of M.P on 11 July, 2008

Citations : [2008 SCC 8 34], [2008 KERLT 3 509], [2009 SCJ 1 89], [2009 SCJ 1 396], [2008 AIR SC 2965], [2008 SCR 10 869], [2008 SCALE 10 97], [2008 SLT 6 419], [2008 AIR SC 4989], [2009 MPJR 1 7], [2008 CALCRILR 2 490], [2009 ILR MP 332], [2008 KLD 2 513], [2008 RAJLW 3 2379], [2008 AIOL 814], [2009 BOMCR CRI SC 2 494], [2008 SCC CRI 3 414], [2008 AIC SC 69 189], [2008 AIR SCW 4989], [2008 CRLJ SC 3867]

Other Sources:

https://indiankanoon.org/doc/46073/

https://www.casemine.com/judgement/in/5609ae92e4b01497114142e2

https://www.legalauthority.in/judgement/mahila-vinod-kumari-vs-state-of-m-p-13468

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 344 - Summary procedure for trial for giving false evidence False Incest Or Rape Or Sexual Or Sexual Harassment Allegations Landmark Case Legal Procedure Explained - Interpretation of Statutes Mahila Vinod Kumari Vs State Of M.P Perjury Under 340 CrPC | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Vishnu Kumar Tiwari Vs State of Uttar Pradesh on 09 Jul 2019 June 27, 2022
  • Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020 June 26, 2022
  • Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001 June 26, 2022
  • Dr.Praveen R Vs Dr.Arpitha K.S on 31 Aug 2021 June 26, 2022
  • Swaran Singh Vs State of Punjab on 26 Apr 2000 June 26, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (1,446 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,410 views)
  • Deepak Sharma Vs State of Haryana on 12 Jan 2022 (814 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (769 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (716 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (648 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (640 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (472 views)
  • Beena MS Vs Shino G Babu on 04 Feb 2022 (410 views)
  • MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 (407 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (310)Reportable Judgement or Order (295)Landmark Case (292)2-Judge (Division) Bench Decision (220)Work-In-Progress Article (212)Catena of Landmark Judgments (191)1-Judge Bench Decision (107)Sandeep Pamarati (85)3-Judge (Full) Bench Decision (75)Article 21 - Protection of life and personal liberty (72)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (37)Issued or Recommended Guidelines or Directions (36)Rules of the Act/Ordinance/Notification/Circular (33)Advocate Antics (33)IPC 498a - Not Made Out (32)PWDV Act 20 - Maintenance Granted (31)

Categories

Supreme Court of India Judgment or Order or Notification (603)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (295)High Court of Andhra Pradesh Judgment or Order or Notification (152)High Court of Delhi Judgment or Order or Notification (104)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (58)General Study Material (55)High Court of Madras Judgment or Order or Notification (49)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (39)Judicial Activism (for Public Benefit) (38)High Court of Allahabad Judgment or Order or Notification (35)District or Sessions or Magistrate Court Judgment or Order or Notification (32)High Court of Kerala Judgment or Order or Notification (25)High Court of Gujarat Judgment or Order or Notification (24)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • June 2022 (23)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Network connectivity issues in the Ashburn region June 24, 2022
    Jun 24, 10:48 UTCResolved - Cloudflare experienced Network connectivity issues in the Ashburn region between 09:45 and 09:47 UTC.
  • Cloudflare API service issues June 22, 2022
    Jun 22, 18:41 UTCResolved - This incident has been resolved.Jun 22, 18:34 UTCMonitoring - Cloudflare is investigating issues with API availability from 1750-1755 UTC.Customers using Cloudflare APIs are impacted as requests might fail and/or errors may be displayed.
  • Cloudflare Service Issues June 21, 2022
    Jun 21, 08:06 UTCResolved - This incident has been resolved.Jun 21, 07:51 UTCUpdate - We are still monitoring the result.Jun 21, 07:20 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jun 21, 06:57 UTCIdentified - The issue has been identified and a fix is being implemented.Jun 21, 06:43 UTCInvestigating - A […]

RSS List of Spam Server IPs from Project Honeypot

  • 187.109.19.131 | SD June 25, 2022
    Event: Bad Event | Total: 80 | First: 2019-08-06 | Last: 2022-06-25
  • 103.18.100.247 | SD June 25, 2022
    Event: Bad Event | Total: 11,024 | First: 2022-04-04 | Last: 2022-06-25
  • 114.99.11.184 | S June 25, 2022
    Event: Bad Event | Total: 23 | First: 2021-02-04 | Last: 2022-06-25
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 358 access attempts in the last 7 days.

pixel