Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 391 gms brown colour narcotic powder - Bail - There is no independent witness of alleged recovery - Constables of Railway Police Force cannot be said to be independent witnesses -Though search was conducted in presence of Gazetted Officer,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim was 16 years 5 months old and accused was 21 years old - She was recovered from the home of accused and is inhabited by other members of family of accused including his parents -..........
Indian Penal Code, 1860, Section 300 -- Exception I - Provocation - Gravity of provocation can be assessed by taking into account the history of abuse and need not be confined to gravity of final provocative act in the form of acts, words, gestures...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - High Court granted bail to accused without taking into consideration the relevant facts and circumstances and appropriate evidence which proves that accused has been charged with a serious offence - Grant of bail to accused only on the basis of parity shows that order..........
Evidence Act, 1872, Section 32 -- Dying declaration - History of accident burns given to doctor - Statement to the doctor is also a kind of dying declaration...........
Evidence Act, 1872, Section 32 -- Dying declaration - History narrated to doctor creating doubt in the dying declaration - While giving statement to doctor of accidental burns, there was no pressure or coercion either from the accused or his relatives upon the deponent - Medical case papers collectively marked as Exh.26 proved by doctor - The same can be read in evidence -..........
Indian Penal Code, 1860, Section 304(Part I), 34 -- Offence u/ss 304(Part I), 34 IPC - Reduction of sentence - Accused have no criminal history and it is their first offence - A-3 has three children out of which two were minor at the time of incident and since last 11 years no one is there to look after them and now they have to be settled in their life - Sentence reduced..........
Service -- Cancellation of candidature - Post of Post-graduate Trained teachers (History) and Graduate Trained Teachers (History) - Candidate must have Postgraduate/Bachelor degree in History as a whole as per advertisement - Degree obtained by candidates/petitioners in one branch of History cannot be said to be obtaining degree in History as a whole - Petitioners..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 307, 323, 324, 354, 147, 149, 506 -- Juvenile - Bail - Murder - Juvenile is below 18 years of age and has no criminal history - Role of juvenile and adult co-accused who is already granted bail having identical role - There is no justification to hold juvenile..........
Indian Penal Code, 1860, Section 364A, 120B -- Kidnapping for ransom - Criminal conspiracy - Accused `K' had no criminal history prior to present incident - Victim did not recognize accused `K' - Accused `K' was not in touch with any of kidnappers - Inspector and I.O who had detained accused `K' with accused `D' had themselves expressed doubt on involvement of accused `K'..........
