Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 447, 34 -- Two dying declarations - Murder - Deceased had given two dying declarations one before police and another before Magistrate and contents of both dying declarations are having material contradictions - However, there is no strong corroborative evidence, to support the claim of prosecution that..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Wife of deceased, is the sole eye witness, however, some contradictions are found in her statement - Police authority recovered the lathi (weapon) used for causing death of deceased on the basis of disclosure information given by accused in the presence of two witnesses but the none of witnesses was present before..........
Indian Penal Code, 1860, Section 304(2), Motor Vehicles Act, 1988, Section 187, Criminal Procedure Code, 1973, Section 228 -- Offence u/s 304(2) IPC and S.187 of Motor Vehicles Act - Previous enmity between accused and deceased who was riding the motorcycle - Motorcycle was dragged for a distance of about 70 feet and all the occupants of the motorcycle died on the spot -..........
Live-in-relationship -- Protection to life and liberty - Petitioners are major and are living together for past few days - Petitioner no.1 is already married, having two children and no divorce has been taken by petitioner no.1 from her husband - However, petitioner no.2 is unmarried - Without commenting upon legality of relationship between petitioners or expressing any..........
Custody of child -- Visitation rights - Place of visitation - Police station can never be described as an appropriate place where visitation right may be allowed...........
Protection of Children from Sexual Offences Act, 2012, Section 24 -- Recording of statement of a child - When a police officer who receives report or information regarding commission of an offence under POCSO Act, he has a legal obligation to record statement and register a crime - However, statement of victim shall be recorded by a woman police officer not below the rank..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 25, 26 -- Confessional statements - Recorded by Police Officers which are part of charge sheet must be ignored and cannot remain a part thereof...........
Protection of Children from Sexual Offences Act, 2012, Section 19 -- Failure to report the offence to police - Offence punishable u/s 19(1) of the Act would get attracted if there is omission even after getting information to report the same to police after 24.00 hours atleast - Fastening criminal culpability on the doctor if the omission is only for a period less than 24..........
Protection of Children from Sexual Offences Act, 2012, Section 19 -- Failure to report the offence to police - - Failure to inform the matter within a period of 7.15 hours alone is not sufficient to hold that there was failure to report the same to police - In order to fasten criminal culpability upon a person u/s 19(1) of the, there must be a deliberate omission to be..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Delay in reporting the seizure to Magistrate - Directions issued: (i) Police officer concerned shall inform bank whether seizure of bank account has been reported to jurisdictional Magistrate and if not, time limit within which seizure will be reported - If no intimation as to compliance or proposal..........
