Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Nothing on record showing that there is moral, physical or psychological danger to juvenile, if he is released, nor there was any possibility..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 420, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Suspension of sentence during pendency of appeal - Accused has already completed nine months of actual imprisonment out of imprisonment of one year - Accused is entitled to relief u/s 389 Cr.P.C - Sentence suspended..........
Indian Penal Code, 1860, Section 279, 304A, 338 -- Rash and negligent driving - Identification of driver, driving the offending vehicle at the time of accident and manner in which accident had occurred disputed - From the material placed on record by way of evidence including statements of eye witnesses and site map, it cannot be said with certainty that accident had taken..........
Indian Penal Code, 1860, Section 302, 326, 324, 34 -- Murder - Prior enmity between parties - Accused gave blows with axe and knife to deceased, consequently he died - Testimony of injured witnesses who were with deceased on the day of incident is quite natural and trustworthy - Though incident happened in the night but there was source of light, as headlight of vehicle..........
Indian Penal Code, 1860, Section 376(1) -- Rape of blind girl - Testimony of a prosecutrix with a disability or of a disabled witness for that matter, cannot be considered weak or inferior as long as testimony of such a witness otherwise meets the criteria for inspiring judicial confidence...........
Indian Penal Code, 1860, Section 376(1) -- Rape of blind girl - Prosecutrix was blind since birth - Accused used to visit the house in which prosecutrix resided with her parents and brothers - Prosecutrix was able to identify accused by his voice with which she was familiar - Taking advantage of absence of members of family from the family home, accused entered the house..........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O and complainant for further cross-examination - Offence u/ss 452, 324, 323 IPC - Application sought on the ground that certain new facts came to light in deposition of father of accused - However, said new facts are related to incident independent to present one - There is no co-relation between two incidents -..........
Indian Penal Code, 1860, Section 279, Motor Vehicles Act, 1988, Section 185 -- Accident - Rash and negligent driving - Three versions have emerged as cause of accident - Two of which could not be attributed to accused - As regarding allegation that accused was driving the vehicle under influence of alcohol, prosecution withheld scientific evidence which would establish..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - For non-examination of neighbor who informed about kidnapping of prosecutrix, testimony of prosecutrix cannot be disbelieved, particularly when testimony of prosecutrix is corroborated by medical evidence...........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376D -- Sexual assault - Prosecutrix is consistent that both of accused had lifted her from her house and both were present at the time of occurrence of rape - Accused `N' cannot be absolved of his criminal liability as an abettor - Testimony of prosecutrix is corroborated by..........
