Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - PW2 brother of victim stated that many people from locality had come and seen the incident - However, none from locality was produced in Court as prosecution witness - Fact that no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - Victim has not stated that A-2 committed alleged offence only because of victim being a member of SC - No such statement was even made by PW2 - Defence has been successful in..........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - Supreme Court in exercise of its power under Article 142 of Constitution quashed FIR and order of conviction and sentence...........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - FIR and order of conviction and sentence quashed - Owing to criminal complaint appellant was suspended from service - Direction issued to CMO to revoke the order of suspension and to pay arrears of salary to appellant...........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Discrepancies in timing of incident - Where core evidence of victim remains unshaken in cross-examination, minor discrepancies in peripheral details do not affect credibility of her substantive account - Conviction..........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Non-examination of neighbours - Omission to examine neighbours not fatal when evidence of victim clearly shows that she was alone at time of incident - Conviction upheld...........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Panch witness turning hostile - Where spot of incident is duly proved through testimony of investigating officer, any minor procedural lapse in conduct of spot panchanama does not undermine substantive..........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Hearsay evidence - Where FIR and statement of victim u/s 164 Cr.P.C provides direct corroboration, hearsay evidence of mother of prosecutrix does not materially undermine prosecution case - Conviction..........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8, Probation of Offenders Act, 1958, Section 4 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Conviction - Applicability of S.4 of Probation of Offenders Act - Though accused had no prior criminal antecedents, seriousness of offences involving sexual assault on..........
Indian Penal Code, 1860, Section 376(2)(n), 420 -- Rape - Refusal to marry - Victim herself admitted in her cross-examination that she indulged in physical relationship despite refusal of appellant to marry her - She had supported the bail application of appellant before High Court and had travelled along with his relative to High Court - Victim was thus in relationship..........
