Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 -- Bail - Claiming on parity basis - Offence u/ss 302, 307, 323, 354, 147, 148, 149, 504, 506, 34 IPC - Role of applicants identical to co-accused, who already granted bail - No specific role assigned to applicants - Applicants thus, entitled to be..........
Indian Penal Code, 1860, Section 325, 341, 323, 294, 448, 506, 354 -- Offence u/ss 325, 341, 323, 294, 448, 506, 354 IPC - Order taking cognizance - No prima facie evidence on record to show that A-1 voluntarily caused any grievous hurt to complainant as designated u/s 320 IPC - Basic ingredients of S.325 IPC thus, not attracted - However, there is prima facie material on..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman - Quashing of order taking cognizance - Allegation that A-2 outraged modesty of complainant by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Though there is some discrepancies in the statements of witness, but..........
Indian Penal Code, 1860, Section 354, 114 -- Outraging modesty of woman - Witnesses consistently and without any omission, improvement and exaggeration testified and conformed that victim was molested - Accused jointly committed offence in aid of each other, therefore, offence u/s 114 IPC is also made out - Accused convicted u/ss 354, 114 IPC...........
Indian Penal Code, 1860, Section 354, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Offence u/s 354 IPC and S.3(1)(xi) of SC/ST Act - Mere assault on a woman does not constitute an offence u/s 3(1)(xi) of SC/ST Act or S.354 IPC...........
Indian Penal Code, 1860, Section 354, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Offence u/s 354 IPC and S.3(1)(xi) of SC/ST Act - Crux of both the Sections is culpable intention or knowledge of accused and use of criminal force on woman to do something immoral unacceptable...........
Indian Penal Code, 1860, Section 354, 354A, 354B, Protection of Children from Sexual Offences Act, 2012, Section 10, Evidence Act, 1872, Section 118 -- Outraging modesty of 4 years old girl - Testimony of child witness - Accused aged 65 years outraged modesty of 4 years old girl by touching her vagina - Prosecutrix was immature and did not know the consequence of accused's..........
Indian Penal Code, 1860, Section 354, 324, 308, 84, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Offence u/s 354, 324, 308 IPC and S.10 of POCSO Act - Plea of insanity - Version of complainant is totally contrary to contents of complaint and in conformity with alleged history given in MLC of fall from stairs - Evidence on record shows psychiatric..........
Criminal Procedure Code, 1973, Section 389, 354, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Suspension of sentence during pendency of appeal against conviction - Stony silence regarding reasons in judgment and conclusion suffering from total non application of mind and material evidence on record over looked - Order of conviction stayed/suspended during..........
