Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 377, 34, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Offence u/ss 377, 34 IPC and Ss.5/6 POCSO Act - No exceptional circumstances to decline bail to a juvenile as indicated in S.12 of JJ Act - Moreover, challan already been presented..........
Indian Penal Code, 1860, Section 408, 467, 468, 471 -- Misappropriation of public fund by making false entries in Pass Books of account Holders of Post office - Out of 19 witnesses only 13 witnesses have been examined as account Holder's witnesses - However, none of these witnesses except PW13 is the account holder of those account numbers, which were put to accused in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 420 -- Anticipatory bail - Criminal breach of trust - Cheating - Petitioner is 80 years of age - Age though is a relevant factor for consideration of his prayer for pre-arrest bail, but taking into account the fact that petitioner along with his son/co-accused committed criminal breach of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 354A, 354B, 376(2)(f), 376(2)(k), 341, 342 -- Discharge - Sexual abuse - Sufficient material on record against accused - There is more than prima facie case against accused for which he is required to be tried - Some submission made by accused on conduct of prosecutrix are required to be..........
Indian Penal Code, 1860, Section 376 -- Rape of 3-1/2 years girl child - Reduction of sentence - Victim was young child of 3-1/2 years of age who fortunately survived on account of proper assistance being rendered to her - Accused was 22 years of age and there is no past history of any crime, sexual or otherwise - Jail conduct of accused is also good - Sentence of accused..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Injuries caused while boarding bus from the front door, as driver drove the bus - Duty of driver is to concentrate on the road and not on the passengers - Primary duty to keep an eye on passengers is of the conductor - Conductor not an accused in the case - Prosecution failed to prove..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Sudden fight between two brothers - Accused had not come armed to spot with a weapon of offence - No witness has testified as to any past enmity and acrimony between two brothers - No external injuries were present and noticed in rib area - There is hardly any evidence to suggest and show that..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Quarrel took place between parties abruptly and suddenly - Accused as well as deceased were under the effect of intoxication - In this scuffle, accused inflicted blows of Chimta held by him on person of deceased without any premeditation and without intending to cause him such injuries which could..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Allegation that accused poured kerosene oil on deceased and set her ablaze - Accused also sustained 18% burn injuries - Deceased stated that accused embraced her and when he left after the occurrence made her to think that he is trying to get vehicle to take her to hospital..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Cruelty - Mediator of settling the marriage - On the request of complainant side he got himself involved to ask accused not to demand additional dowry or to harass the deceased - Not alleged in..........
