Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - None of the eye witnesses stated that all accused persons had come with a common object of committing murder and assaulting injured PW2 - It is also not stated by any of the eye witnesses that there were any utterances by one or many or all the accused that they must eliminate the deceased and cause injuries to..........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Reduction of sentence - Accused driving the vehicle at the relevant time in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in ambulance sustained injuries - However, High Court while reducing the sentence of accused has not considered the gravity..........
Indian Penal Code, 1860, Section 53, Criminal Procedure Code, 1973, Section 433A -- Sentence - Fixed term sentence - Even in a case where Capital punishment is not imposed or is not proposed, Constitutional Courts can always exercise power of imposing a modified or fixed term sentence by directing that a life sentence as contemplated by "secondly" in S.53 IPC shall be of..........
Indian Penal Code, 1860, Section 53 -- Death sentence - Fact that accused has no antecedents, is no consideration by itself for deciding whether accused will fall in the category of `rarest of rare' cases...........
Indian Penal Code, 1860, Section 366, 376, 302 -- Kidnapping, rape and murder - Enhancement of sentence - On the date of conviction accused was 27 years of age and he had a wife and small child as well as aged parents - He committed first offence and accused has no criminal antecedents - However, this is a case where a fixed term sentence for a period of 30 years must be..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment would not amount to an offence u/s 306 IPC...........
Indian Penal Code, 1860, Section 107, 306 -- Abetment of suicide - Mere allegation of general harassment against creditors for recovery of their money without any specifics or details of such harassment, would not amount to abetment of suicide - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 506 -- Bail - Cheating - Dismissal of bail applications of co-accused against whom there were allegations of active involvement - Cannot be treated to be fatal for considering the bail application of petitioner against whom there is no direct and categoric allegations..........
