Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual offence - Victim was less than 12 years at the time of commission of offence - On the date of commission of offence R.I for 10 years was minimum sentence prescribed for offence u/s 6 of the Act - Special Court rightly punished accused u/s 6 of the Act and sentenced him to..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Medical board found the age of petitioner as 21-22 years - He was not coming within marginality of 18 years - Procedure as mentioned in R.12 of Rules rightly followed, as manipulation was..........
Indian Penal Code, 1860, Section 376(1), 90 -- Rape of married woman - Consent - Prosecutrix was a married woman having her husband and children - She was fully aware of fact that accused was also a married man - Prosecutrix having sexual relationship with accused on many occasions - She stayed with accused in a room in a hotel - Consent given by prosecutrix is not under..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Wife was working before marriage and after marriage she resigned said job - There is no explanation as to why she is incapable of working now - Wife is not supposed to sit idle and seek entire maintenance from her husband and she is legally bound to make some efforts to meet her livelihood -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession and permanent injunction - Suit filed only against defendants and one of defendant is wife of applicant who has filed detailed written statement for protection of her rights as well as rights of applicant - Applicant despite knowing about filing of suit since beginning and being..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Theft of passenger's money while travelling in a train - Railways cannot be held, liable for theft of passenger's belongings - Consumer complaint dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Divorced Muslim woman is entitled to maintenance in the proceeding initiated u/s 12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Divorced women - Act of domestic violence once committed, subsequent decree of divorce will not absolve liability of respondent from the offence committed or to deny benefit to which aggrieved person is entitled under the Act including monetary relief u/s 20 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Woman who was in the past, in a relationship, would also be entitled to invoke provisions of the Act...........
