Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 457 -- Sexual assault - Victim was proved to be minor on the date of incident - There is thus, no question of consent - Victim clearly stated about incident and specifically stated that she was raped by accused and evidence is corroborated by medical reports because six..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 457 -- Sexual assault - Reduction of sentence - Accused spent 5 years and 2 months in jail and he is aged 31 years now - Victim is also in living relationship with another man - Accused belongs to rural family, his social and economic status is very poor - Sentence of accused..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of gold and silver ornaments etc. - Application filed by wife of accused against whom case is registered u/ss 13(1)(e), 13(2) of P.C Act - Court below rejected the application on ground that if interim custody of ornaments is given to applicants, there is every chance of changing their nature - However, even if..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle in question registered in the name of accused financed by private company - When accused failed to pay installments, finance company sold the vehicle to petitioner - Accused has no objection in releasing vehicle - Vehicle held, released on supardaginama to petitioner...........
Indian Penal Code, 1860, Section 332, 457, 427, 341, 504, 506, 34 -- Criminal trespass and hurt - Petitioner no.1 is daughter-in-law of complainant was in possession of a room much prior to alleged incident as per order of Court under PWDV Act - Allegations in complaint that petitioners forcibly entered into the house of complainant are false - More so, complainant failed..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 457, 380 -- Concurrent running of sentence - Offence u/ss 457, 380 IPC - Substantive sentences awarded to accused in all the 5 complaints if calculated jointly comes to 19 years and 3 months and maximum sentence awarded to accused is 4 years S.I. along with fine - Even, accused has already served..........
Indian Penal Code, 1860, Section 448, 380, 457, 447, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 448, 380, 457, 406, 120-B IPC - Quashing of FIR - Compromise entered into between parties - Magistrate recorded statements of parties and reported that compromise between parties is not the result of any pressure or coercion in any manner and is..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized property - For considering a case u/s 457 Cr.P.C, it is not necessary that such property must be produced before Magistrate - Only requirement is that seized property is reported to a Magistrate under provisions of Cr.P.C...........
Criminal Procedure Code, 1973, Section 457 -- Release of seized property - Second application - Maintainability - Nothing in law prohibiting Court from entertaining second application for release of property seized by police in exceptional circumstances where previous application had been dismissed for default on failure of applicant to remain present himself or through..........
Criminal Procedure Code, 1973, Section 457 -- Application u/s 457 Cr.P.C - Dismissed in default - Restoration application - Maintainability - Application for restoration of earlier application by recalling order by Magistrate is not permissible under law - However, petitioner is not remediless, he has two remedies firstly to approach High Court or Session Court and..........
