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 354, 354B, 506II, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Outraging modesty of woman - Victim was minor girl on the date of incident - However, prosecution failed to prove that accused used criminal force on the minor victim with intention of outraging her modesty, lifted her clothes and opened zip of her..........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Indian Penal Code, 1860, Section 354, 457 -- Offence u/ss 354, 457 IPC - Evidence of PW2 is corroborated by PW3 and PW4/independent witness - Apart from certain minor discrepancies in evidence, no material contradictions affecting core of prosecution case have been brought out - There is also no case for accused that PWs 2, 3 and 4 has any scores to settle with him in..........
Indian Penal Code, 1860, Section 354, 457 -- Offence u/ss 354, 457 IPC - Sentence - Incident had taken place in the year 2008 - Considering age of accused and chances of reformation, sentence imposed on accused is on a higher side - Petitioner can be ordered to undergo R.I. for a period of three months and to pay a fine of Rs.10,000 u/s 457 IPC and in case of default to..........
Indian Penal Code, 1860, Section 354, 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Nature of offence - Direct allegation of touching private parts of victim and also at the same time, appellant touching his private organs, is alleged by victim in her statements - Conviction recorded u/s 376(AB) IPC and u/s 6 of POCSO Act not sustainable..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Data sought to show relationship between accused and complainant prior to registration of FIR - Even complainant admitted acquaintance with accused since April 2020 -..........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Time-sensitive data - Data sought to be preserved would inevitably be deleted within certain time frames and further some records sought including CDRs and CCTV..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of a woman - Pulling the hands of a woman by a man - That should be coupled with criminal intention of accused to constitute an offence u/s 354 IPC...........
