Showing : 331-340 of 610 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190, Protection of Children from Sexual Offences Act, 2012, Section 7, 8-- Cognizance of offence - FIR lodged u/ss 354A, 352, 323, 147, 506 IPC & Ss.7, 8 of POCSO Act - However, charge sheet laid by police only u/ss 352, 323, 506 IPC - Since police report did not include any offence under POCSO Act, Magistrate can take cognizance of offences mentioned in police report -..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376, 452, 506-- Rape - Girl of 17 years - Prosecutrix did not raise any alarm for help or did not try to resist the accused, though there were ample opportunities to do so - No injuries were found either on the body of prosecutrix or private parts of accused - Nothing found in serological analysis which would..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376, 452, 506-- Rape - Medical examination - Doctor stated that within 12-24 hours of sexual intercourse, sperms can be found in vagina - However, no sperms were found in the vagina of prosecutrix though her physical examination was carried within 24 hours from the last alleged incident of sexual intercourse -..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376, 506-- Rape - Victim PW1 specifically stated that accused committed rape on her when she was sleeping in her courtyard - Testimony of victim is supported by PW2, who rushed to the spot and saw accused raping victim - In fact, evidence of these two witnesses PW1 & PW2 supported each other and appears to..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376, 506-- Rape - Quantum of punishment - Considering accused's family background, absence of any criminal history and present age of senior citizenship, minimum sentence of 7 years R.I with a fine of Rs.10,000 and in default to undergo further imprisonment of 3 months for the alleged offences would meet the..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506-- Bail - Special Court has been singularly vested with all powers to try an offence under POCSO Act and to entertain and consider application for bail filed by accused and to deal with any incidental matter thereto including the power of detention and remand of accused - Magistrate has thus no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 307, 323, 148, 149, 506-- Attempt to murder - Twelve accused allegedly assaulted four victims with lathis due to which victims sustained injuries - It is highly improbable that in wake of assault by 12 accused armed with lathi and binda, only injuries were received - No explanation as to why statement of injured witnesses..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 197(3)-- Public servant - Sanction for prosecution - Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Crime registered against petitioners does not include sections referred to in S.197(1) Explanation Cr.P.C. - Acts performed by petitioners in discharge of their official duty and are reasonably..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 367, 467, 468, 195, 504, 506, 420, 383, Criminal Procedure Code, 1973, Section 482-- Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Quashing of FIR - Case registered against petitioners without referring the case for preliminary inquiry, without examining facts of case and nature of allegations and without ascertaining whether information revealed any cognizable offence..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 420, 504, 506-- Offence u/ss 420, 504, 506 - Compliant filed as a counter blast to complaint filed u/s 138 Negotiable Instruments Act - Plea that cheque not returned after accepting the amount - It is a matter of defence in the proceedings initiated u/s 138 of N.I. Act and petitioner would be getting appropriate..........

Showing : 331-340 of 610 Results