Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 506, 196, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82 -- Bail - Offence u/ss 377, 506, 196, 120-B IPC, S.6 POCSO Act and Ss.75, 82 Juvenile Justice Act - It is not disputed that in FIR the..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Taking custody of jewellery for safety cannot constitute cruelty within meaning of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against brother of husband - Failure to control an adult brother, living independently or giving advice to complainant/wife to adjust to avoid vindictive retaliation from her husband/accused cannot constitute cruelty on part of brother of husband within meaning of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against brother of husband - Permission sought by brother of husband to travel back to USA for resuming his job - Brother of husband not living in same premises as his brother/accused - General omnibus allegation against all accused by wife that accused ruined her life by misrepresentation, concealment etc. -..........
Indian Penal Code, 1860, Section 363, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Kidnapping and murder - Penetrative sexual assault on 7 years old girl - Death sentence - Victim is 7 years old daughter of mentally retarded..........
Indian Penal Code, 1860, Section 363, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Kidnapping and murder - Penetrative sexual assault on 7 years old girl - Circumstantial evidence - Last seen theory - Accused was arrested based on..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused armed with aruval weapon caused multiple injuries on deceased - Incident occurred on the spur of moment when accused on seeing deceased in street completely lost his self control - There is no element of provocation - Accused attacked deceased with Aruval with an intention to cause bodily..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Evidence of PW1 - PW1 was present on the spot and witnessed his brother/accused escaping from scene of occurrence - Evidence of PW1 appears to be very natural and same has been corroborated with evidence of his children/PWs 3 to PW5 - PW1 and PWs 3 to 5 vividly indicate the specific parts of..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Evidence of witnesses of fact - Injury on injured found to be caused by some sharp object - Doctor proved the injury report - Accused and injured are residents of same locality and they are very well known to one another - There is no motive before injured to implicate accused falsely - While accused have..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 305, Protection of Children from Sexual Offences Act, 2012, Section 21, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(vi) -- Suspension of sentence during pendency of appeal against conviction - Offence u/s 305 IPC and S.21 of POCSO Act and S.3(2)(vi) of..........
