Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption u/s 29 of the Act comes into play even at pre-trial stage inasmuch as while considering a bail application thereto...........
Customs Act, 1962, Section 129E -- Pre-deposit of amount pending appeal - Non-compliance of S.129-E of the Act - Incident which triggered the appeal filed by appellant took place in 2013 and appeal filed in the year 2017 - Benefit of S.129-E Proviso would apply only if appellant is maintaining the appeal and he is called upon to pay full amount u/s 129-E under earlier..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Quantum of sentence - Incident occurred prior to amendment in S.376 IPC and pre amended provision provides that a person committed of rape shall be punished with R.I for a term which shall not be less than 7 years but which may extend to imprisonment for life and shall also be liable to fine - Accused has no criminal..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - Through family settlement, pre existing right of residence and maintenance of Hindu female as recognized - No new right was conferred on her - She thus, became full owner of property in question by virtue of S.14(1) of the Act - Consequently, daughter of Hindu Female is entitled to inherit the property..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 324, 328, 34 -- Anticipatory bail - Offence u/ss 376-D, 323, 324, 328, 34 IPC - Merely because petitioner had not sought pre-arrest bail when FIR was registered and was subsequently cancelled cannot be termed to be a circumstance to deny bail to petitioner, at a subsequent stage in..........
Indian Penal Code, 1860, Section 34 -- Common intention - For S.34 IPC to apply there should be common intention between co-perpetrators which means that there should be community of purpose and common design or pre-arranged plan - However, this does not mean that co-perpetrators should have engaged in any discussion, agreement or valuation...........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Application for premature release has to be considered on the basis of policy as it stood on the date when accused was convicted of offence...........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Order rejecting application for pre-mature release is bereft of an application of mind to relevant circumstances bearing on whether petitioner should be released prematurely - Order does not contain any reference whatsoever to whether petitioner possess any prior criminal history - Even, order is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Cause of death is stated to be hanging - Petitioner stated that deceased had committed suicide on account of serious health issues as she was suffering from incurable disease - In these set of circumstances, sufficient exceptional circumstances are..........
Criminal Procedure Code, 1973, Section 433, 435 -- Pre-mature release - Policy prevalent at the time of conviction shall be taken into consideration for considering premature release of a prisoner...........
