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...........
Criminal Procedure Code, 1973, Section 156(3) -- Nature and scope - While exercising jurisdiction u/s 156(3) Cr.P.C. Magistrate is required to merely peruse application and examine whether facts disclosed therein prima facie disclose necessary ingredients of cognizable offences requiring investigation by police and is not expected to undertake an exhaustive evaluation of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Mere statement of aggrieved person would prima facie disclose ingredients for offences u/ss 3(1)(r), 3(1)(s) of the Act...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Grant of anticipatory bail is barred and bar would apply when prosecution materials prima facie show commission of offences under SC/ST Act - However, bar u/s 18 of SC/ST Act is not..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 239 -- Cheating and breach of trust - Appellant was minor at the time of alleged transaction between informant and accused No.1 - Allegation against appellant is that he had purchased the plot in question from A-1 in the year 2022 - However, appellant was minor when transaction took place..........
Indian Penal Code, 1860, Section 323, 324, 148, 149 -- Offence u/ss 323, 324, 148, 149 IPC - Accused persons were members of unlawful assemblies, armed with deadly 19 weapons such as iron rods, knives, sticks, and lathis, and had voluntarily caused hurt to victims - Material on record including seizure memos, medical reports and eyewitness testimonies, support conclusion..........
Indian Penal Code, 1860, Section 467, 468, 471, 167, 120B -- Offence u/ss 467, 468, 471, 167, 120-B IPC - Testimony of complainant and CW1 suffer from material admissions and infirmities - Complainant failed to discharge the burden of proving ownership of dispute shop, alleged forgery of assessment register or any dishonest inducement by accused - Ingredients of offences..........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - FIR disclosed nothing more than a commercial relationship which broke - Dispute involved appears to be of civil nature for which continuation of criminal proceedings cannot be allowed - None of ingredients of any of offences complained against..........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
