Criminal Procedure Code, 1973, Section 227, 329, 330, Protection of Children from Sexual Offences Act, 2002, Section 8 -- Discharge - Offence u/s 8 of POCSO Act - Plea of mental retardation - Where accused placed on record prima facie documents to show that he was mentally retarded, it was bounden duty of Court to conduct an inquiry u/s 329 Cr.P.C. - However, procedure..........
Service -- Judicial service - Misconduct - Appellant involved in rendering of decisions actuated by corrupt practice or by oblique motives - Two criminal cases which were tried by appellant involved offences u/s 135 of Customs Act - Appellant alleged to have been awarded less than minimum sentence without recording special or adequate reasons favouring accused - Plea of..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Benefit of probation - Accused is fully bed ridden for the last 13 years - No previous criminal antecedents were proved against him and accused is not physically normal - Infliction of harsh punishment is not necessary in such situation - Instead of sentencing the accused, he is..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased committed suicide by consuming poison - No evidence on record that soon before her death deceased was subjected to harassment at the hands of accused - Relationship between deceased and accused was normal - Conduct of parents of deceased not natural as they stated that deceased was being harassed by accused..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Hurling abuses - Incident took place in two parts - In the first incident, no abuses were hurled by accused towards first informant - However, in the second part of incident, abuses were allegedly hurled towards closed doors of complainant's house by accused - First informant..........
Protection of Children from Sexual Offences Act, 2002, Section 6, 8, Evidence Act, 1872, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Conduct of prosecutrix pointing towards accused as the person soon after the incident which she was in a perplexed and nervous condition forms a part of transaction of incident itself and is thus admissible u/ss 6 and 8..........
Protection of Children from Sexual Offences Act, 2002, Section 8 -- Sexual assault on deaf and dumb girl aged 12 years - Quantum of sentence - Punishment prescribed u/s 8 of the Act is not less than 3 years which may extend to 5 years - Conduct of accused in sexually assaulting a deaf and dumb girl who was not in a position to protect herself fully warrants maximum..........
Indian Penal Code, 1860, Section 325, 149 -- Offence u/s 325, 149 IPC - Accused convicted - Claiming party in sentence with other co-accused who were released on probation of good conduct - Parity claimed by accused is misconceived and cannot be granted to accused, as concession shown to other three accused was mainly on the ground of their extreme old age - Accused..........
Indian Penal Code, 1860, Section 498A, 307, 34 -- Cruelty - Attempt to murder - Victim stated that beatings were given all over her body by accused - However, injuries as per MLC are not substantiated by statement of victim - MLC shows that injuries were possible by fall from staircase - Victim is unreliable witness as she was not in a fit state of mind to make a statement..........
Evidence Act, 1872, Section 8 -- Subsequent conduct - No universal/straight jacket formula in drawing inferences from subsequent conduct of accused as it varies from every individual and is seldom dispositive of matter, though relevant u/s 8 of the Act...........
