Arms Act, 1959, Section 14, 17 -- Arm licence - Renewal of licence - Cannot be refused only on the ground of registration of criminal case - Licensing Authority directed to reconsider the application for renewal of arm licence afresh in accordance with provisions of the Act...........
Criminal Procedure Code, 1973, Section 436A, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Juvenile is never under confinement by way of arrest - Confinement of juvenile in remand home cannot be construed just like confinement of under trial in jails/prisons - Provisions of S.436-A Cr.P.C is not applicable to the case - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of crop of green poppy - Bail - Petitioner was already behind bar at the time of recovery of said crop - Ownership of land in question is also being disputed and yet to be proved during trial - Factum of whether petitioner was behind sowing of said..........
Criminal trial -- Suspicion however strong not sufficient to be taken as proved...........
Criminal trial -- Prosecution is required to prove its case beyond reasonable doubt, not beyond all iota of doubt...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Delay in registration of FIR in rape case cannot be said to be of much significance as victim has to muster courage to come out in open and expose herself in a conservative social milieu...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Accused contended that final report does not disclose commission of alleged offence by him - However, a bare perusal of statement made by victim u/s 164 Cr.P.C in explicit terms..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Ground urged by accused that medical opinion has not categorically opined about happening of alleged intercourse with victim, may not be attracted at this stage while considering bail..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on a printed proforma by filling the blanks without application of judicial mind - Not sustainable in the eyes of law...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(1), Criminal Procedure Code, 1973, Section 5 -- Appeal - Procedure - No procedure and power of appellate Court has been provided in SC/ST Act - S.5 that relates to "saving" will apply in such matter...........
