Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 376 IPC and S.4 of POCSO Act - In order to make out offence u/s 376 IPC and S.4 of POCSO Act, complete penetration is not required - Slightest penetration is sufficient to constitute offence of rape or penetrative sexual assault...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 12 years old girl by her own father - Testimony of victim/child witness - Child witness deposed against her own biological father - Nothing in cross-examination of child witness to suggest even remotely that she was tortured by someone else to falsely implicate..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Deceased was in huge mental distress and suffered mental trauma because of illicit relationship of her husband with another woman - Not only accused was carrying on with illicit relationship with another woman but he also used to torture his newly wedded wife inasmuch as he would go out in night despite protest..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Incident was of 1988 - Since date of incident, 30 years already gone-bye - In view of long time between date of incident and date of judgment of High Court, it would be appropriate to reduce the punishment from 7 years to 3 years - Sentence reduced...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Compromise - Parties settled their real dispute amicably - Key prosecution witnesses declared their unequivocal intent to turn hostile at the trial - In such circumstances, merits and truth apart, proceedings in trial if allowed to continue may largely be a waste of..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Allegation against father-in-law - Overt act of accused pouring kerosene oil and setting her on fire is proved as per dying declaration of accused recorded by Executive Magistrate - Deceased was thus, subjected to harassment at the hands of accused - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in the course of sudden fight - Juvenile accused inflicted injuries on deceased while appellants held deceased - Injuries inflicted on deceased is on backside piercing left lung which shows intention of juvenile accused who inflicted injury - Appellants not taken any undue advantage..........
Indian Penal Code, 1860, Section 354, 341, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Outraging modesty of woman - Accused allegedly stopped prosecutrix, caught hold her hand and demanded sex from her - Accused admitted the allegations in the meeting which was convened - Merely on the ground that prosecutrix was a member..........
Indian Penal Code, 1860, Section 354, 341 -- Outraging modesty of woman - Reduction of sentence - Incident occurred 17 years ago - Accused remained in jail for 3 days - At the time of incident, no minimum jail sentence was provided under alleged offences - No useful purpose would be served if he is sent to jail after 17 years of incident - Sentence of accused thus, reduced..........
Indian Penal Code, 1860, Section 302 -- Murder - Death caused by beating - Appreciation of evidence - Fight between husband and wife - Statement recorded including confession of accused shows that husband assaulted deceased with a stick after heated altercations between them at spur of moment - No intention to cause death of deceased as fight was not premeditated and act..........
