Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Victim was above age of 15 years and below 17 years at the relevant point of time as per medical report - Ossification test report are based upon an opinion given by a radiologist based on appearance of epiphysis and fusion of margins of bones - There would be always..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Victim was major on the date of occurrence - She was not taken away forcibly rather as it is revealed that she left the company of her parents clandestinely and joined association of appellant at her free will - Offence u/s 363 IPC, not made out - Possibility that she went with appellant at her own will and volition..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- (As amended) - Offence u/s 6 of the Act - Offence was committed on 20.05.2019, prior to amended S.6 of the Act - Sentence of imprisonment for life meaning remainder of natural life as per amended provision, did not exist in the statutory framework on date of incident - Under unamended S.6 of the Act,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(i), Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Default bail - Dacoity - When offence of dacoity, which is punishable with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, is under investigation, right to statutory bail arises as per S.187(3)(i) BNSS on completion of..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Appellate was 16 years 2 months and 3 days on the date of commission of crime - As per the Act accused to be a juvenile should have not completed 18 years of age on date of commission of offence - Appellant was therefore a juvenile on the date of commission of crime -..........
Indian Penal Code, 1860, Section 304B, 176, 201 -- Dowry death - Cause of death of deceased was not known as no postmortem was conducted - Deceased was pregnant when she expired and earlier she had a miscarriage - Prosecution miserably failed to prove unnatural death of deceased, consequently presumption against accused u/s 304-B IPC cannot be invoked - Case set up that..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Grant of 12,000/- p.m. which was later enhanced to Rs.33,000/- p.m. payable from the date of filing of application - In appeal the amount was enhanced to Rs.1,00,000 per month - Plea that wife is capable of earning - While capacity to earn may be a relevant factor, it..........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Submissions of accused that there is no date, mode of payment and amount mentioned with regard to payments alleged to have been made by complainant, which in turn was sought to be repaid by means of a cheque which was dishonoured, is a question of trial - Same cannot be considered..........
