Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Sexual assault - Ingredients and proof - Victim's testimony that appellant pulled down her pant and touched/stroked her private part, together with recovery of her pant containing semen, establishes "touching with sexual intent" constituting sexual assault - Conviction u/s 8 of the Act affirmed...........
Protection of Children from Sexual Offences Act, 2012, Section 11, 12 -- Sexual harassment - Distinct from sexual assault - On facts, conduct amounts to sexual assault and not sexual harassment - Conviction u/s 12 of the Act set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 7 -- Interpretation - "Physical contact" is not confined to "skin-to-skin", the controlling element is "sexual intent" - Applied to uphold conviction for sexual assault...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Every member of unlawful assembly is vicariously liable for acts done by anyone of them to achieve a common object as per S.149 IPC - Therefore, two things are essential to attract S.149 IPC i.e. "unlawful assembly" and "common object" - Presence of accused persons as part of unlawful assembly is sufficient for..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Long standing political enmity between families of main accused and deceased - All accused persons had alighted from bus together armed with firearms, thus they were part of unlawful assembly and had arrived at the bus stand with a common object - Movement of accused persons in said manner is..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Unlawful assembly - Medical evidence - Post mortem report and statement of Doctor who conducted post mortem clinchingly prove that deceased suffered multiple gunshot wounds - About 40 pellets were recovered from body of deceased - All injuries were caused by firearms and were sufficient to cause death - Simply for..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Evidence of eye witnesses is consistent and also acknowledging presence of each other at the spot of incident - Manner in which appellants assaulted deceased persons has been clearly indicated - These witnesses were cross-examined but nothing contrary to prosecution case has been elicited from them - Minor..........
Indian Penal Code, 1860, Section 376(2)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Rape - Victim was minor on the date of incident - Evidence of victim gets due support from testimony of PW5 who is neighbour and had seen victim along with accused on the relevant day - Defence was unable to bring anything on record to discard the..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of execution of sentence - Order to deposit 20% of compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory as per S.148 of the Act, emphasizing its status as a rule...........
