Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Anticipatory bail - FIR was registered u/ss 354-A, 34 of IPC in which petitioners were granted bail - Later S.354-D of IPC and S.12 of POSCO were added - Petitioners whether falsely implicated, is a fact which would be..........
Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- - Rape of mentally challenged girl - Age of prosecutrix being less than 18 years not proved by prosecution - Provisions of POSCO Act could not have been invoked - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 354, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Abduction - Outraging modesty of woman - Sentence - Accused sentenced to 2 years R.I with fine of Rs.2,000 u/s 363 IPC, in default of which he will further undergo 2 months imprisonment and sentenced to undergo 1 years R.I u/s 354 IPC with fine of Rs.1,000..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 18, Indian Penal Code, 1860, Section 376(2), 511, 354 -- Attempt to rape - Prosecutrix in her statement stated that accused caught hold of her and pushed her down but she has not alleged that accused tried to commit rape upon her - No evidence on record that prosecutrix was minor at time of incident -..........
Protection of Children from Sexual Offences Act, 2012, Section 21(2), 4, 6 -- Non-reporting of commission of offence u/ss 6, 8 of the Act - It is necessary for prosecution to establish first commission of main offence u/ss 4, 6 of the Act before making person liable u/s 21(2) of the Act - Once finding is recorded by criminal Court convicting accused for offences u/ss 4, 6..........
Protection of Children from Sexual Offences Act, 2012 -- Scope of Act - Paramount consideration of legislature under POSCO Act appears to be the interest of all children including those belonging to SC/ST...........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20 -- Accused charged under both the enactments i.e POSCO Act and SC/ST Act - Appropriate Court to try the offence - Court designated u/s 28 of POSCO Act, as POSCO Act being beneficial to all and later in point of time..........
