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..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
Indian Penal Code, 1860, Section 304B -- Dowry demand - Demand made for gold ornaments at the time of a customary ceremony performed when a male child was born to couple cannot be considered to be a dowry demand, as it is not connected with marriage of said parties...........
Indian Penal Code, 1860, Section 304B -- Dowry demand - Dowry demand within the meaning and scope of 304-B IPC should be any property or security given or agreed to be given in connection with marriage...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Sentence - Sessions Court imposed sentence of 1 year R.I. only u/s 498-A IPC and a fine of Rs.100 - Appellant has undergone R.I. for five months longer than what has been imposed on him u/s 498-A IPC - Since his incarceration has been much more than what had been imposed by Sessions Court and was affirmed by High Court, it..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Victim has not supported prosecution case and has exonerated accused in her examination - Material exhibit sent to Forensic Lab for examination did not find anything incriminating in them - Merely by I.O. stating that accused was brought at police..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Accused convicted under both the provisions i.e IPC and POCSO Act - However, trial Court has not considered the fact that S.42 of POCSO Act states that offender if found guilty of such offence shall be liable to punishment only under POCSO Act or under..........
