Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 134, 184 -- Rash and negligent driving - Fatal accident - Collusion between lorry and bicycle - Death of cyclist - Presence of eye witness on the spot - Suggestion was made to one of eye witness in cross-examination from accused side that immediately after accident he and others damaged and broke..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 134, 184 -- Rash and negligent driving - Fatal accident - Collusion between lorry and bicycle - Death of cyclist - Lorry being a heavy vehicle dashed to a bicycle from its back side and rider of same caught under rear wheel of lorry and sustained crush injuries - Inquest panchnama coupled with..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302 -- Default bail - Juvenile in conflict with law - Murder case - Time period available to investigating agency to complete investigation in the case involving a child in conflict with law, who is alleged to have committed murder is 90 days not 60 days...........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12, Indian Penal Code, 1860, Section 307 -- Juvenile in conflict with law - Anticipatory bail - Offence u/s 307 IPC - Allegedly, role of petitioner in incident is only that he wrongfully restrained the victim - Even, petitioner was not armed with any weapon..........
Indian Penal Code, 1860, Section 376, 451, 506, Evidence Act, 1872, Section 35 -- Rape - Determination of age of prosecutrix - Entry in general register maintained by School - School leaving certificate was issued by Headmaster on the basis of general register entry maintained in school - Entry in general register about date of birth of prosecutrix was made by concerned..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(h), 20, Evidence Act, 1872, Section 35, Indian Penal Code, 1860, Section 376, 451, 506 -- Rape - Age of accused - Entry of name of accused in register maintained by school - Admissibility - Determination of age of accused - Rape case - AW1 produced the character certificate of accused and original..........
Indian Penal Code, 1860, Section 376, 451, 506 -- Rape - Plea of juvenility - Accused allegedly entered into house of prosecutrix and thereby committed house trespass and rape on accused - Evidence of prosecutrix not shattered during her cross-examination and she is consistent that accused committed rape upon her - Age of prosecutrix is proved to be below 16 years, thus,..........
Indian Penal Code, 1860, Section 376 -- Rape - Partial or slight penetration is sufficient to make an offence of rape - Depth of penetration is immaterial - Penetration may not always result in tearing of hymen and same will always depend upon facts and circumstances of a given case...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of 8 years old girl - Partial penetration - Accused did partial penetration upon child victim of 8 years, which fact is duly supported by MLR of child victim - Absence of semen cannot nullify sexual assault upon child victim, particularly, when there is a gap of 4..........
Indian Penal Code, 1860, Section 302, 326 -- Nature of offence - Specific case of prosecution is that accused nos. 2 & 3 assaulted two deceased consequent to which they lost their lives - Absolutely no material found against accused no.1 to convict him u/s 302 IPC, as he had not played any role in death of two deceased - There was also no common intention on part of..........
