Criminal Procedure Code, 1973, Section 353, 354, Constitution of India, 1950, Article 227 -- Judgment of acquittal - Not available on record - High Court rightly quashed the judgment of acquittal, as mere declaration of result without judgment should be nullified and become extinct - Transfer of case by High Court from Second additional sessions judge to Court of District..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 341, 323, 294, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section (1)(x)(xi) -- Discharge u/s 354 IPC and S.3(1)(x)(xi) of 1989 Act - It is apparent from FIR that opposite party Nos.2 & 3 intentionally insulted and intimidated petitioner with intention to..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Allegation that accused forcefully grabbed left breast of prosecutrix when she was deboarding metro train, along with her friend PW2 - Version of prosecutrix duly corroborated by PW2 and FIR was promptly registered - No infirmity in convicting the accused - However, incident occurred in 2013 when no..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - In order to constitute offence u/s 354 IPC, mere knowledge that modesty of a woman is likely to be outraged is sufficient without any deliberate intention of having such outrage alone for its object...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Non-examination of two important site witnesses - Said witnesses were not in any way connected with actual commission of offence and even in their absence, commission of offence of molestation by accused stands well proved by unimpeachable testimony of eye witness to the incident - Adverse inference thus..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused an IG of Police molested prosecutrix aged 15 years - Prosecutrix committed suicide due to this incident after 3 years - Occurrence of overt act is well proved by unimpeachable testimony of eye witness PW13, which is corroborated by other PWs - Delay of about 6 days in presenting complaint to SHO,..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Reduction of sentence - Keeping in view the mitigating factors which are old age of accused, health ailments, responsibility of looking after unmarried daughter suffering from congenital heart disease, past meritorious service and prolonged trial, cause of justice would be best sub-served when sentence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451 -- Quashing of order - Order framing charges u/ss 354, 451 IPC - Accused allegedly made an attempt to outrage the modesty of complainant - Plea of alibi was taken by accused - However, documents produced by accused in support of such plea are not per se admissible - Witnesses are required..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 376(C), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, 10 -- Discharge - Rape - Special Judge after taking cognizance of offence, proceeded for examining I.O and two medical witnesses before framing charge to satisfy himself as to whether sufficient grounds are..........
Indian Penal Code, 1860, Section 354, 509, Criminal Procedure Code, 1973, Section 482 -- Sexual harassment at work place - While quashing FIR concerned department was impressed upon to close the departmental proceedings - Petitioner suppressed the material facts from Court - Order recalled - Concerned department, held, at liberty to proceed in accordance with law...........
