Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Uncontroverted allegations made in the FIR and charge and evidence collected in support of the same do not disclose the commission of any offence against accused - Proceedings rightly quashed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No evidence to prove that husband married for the second time - Wife herself admitted that though she had filed a complaint regarding her husband's alleged second marriage but she has withdrawn it long back - There is thus, no materials on record to prima facie prove that husband has allegedly married again - Mother of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant/PW1 was not reliable and could not have formed basis of conviction - PW1 was influenced by Sarpanch whose active participation in proceedings subsequent to incident cannot be ruled out - Medical evidence did not support the prosecution case, as weapon of assault could not have caused injury on deceased..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Most of the evidence documentary evidence which are already in possession of Investing Agency - Further charge sheet has been filed - Accused is entitled for bail...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is strong evidence than mere probability of revisionist accused in the form of testimony of injured witness - In comparison to it, evidence on the basis of which Investigating Officer has exonerated revisionist accused is of a very weak nature - There is sufficient and cogent evidence on..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Psychological Evaluation Test Report - May not be sufficient to convict an accused but it is certainly a material piece of evidence - Despite this material on record, High Court could not have opined that case was not made out even for framing of charge, for which only prima facie case is to be seen...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - High Court while passing the discharge order did not even referred to the evidence collected by Investigating Agency produced alongwith charge sheet in its entirety - Rather there is selective reference to the statements of some of the persons recorded during investigation - It shows that there was total non..........