Constitution of India, 1950, Article 15(3), 39(e), (f), 45, 47, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, Indian Penal Code, 1860, Section 354, 451, 342, 506, 376(3), 376(2)(n), Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13(3) -- Maintainability - Even when a `Board' passes an order under Section 18(3) of the..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Quashing of FIR - Prima facie ingredients of offence u/s 354 IPC are not met keeping in view the contents of FIR, statement in the final report of I.O. and statement u/s 164 Cr.P.C of complainant - Record is silent with respect to use of any force, apart from bald assertions of mental and physical discomfort..........
Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - In order to attract the offence u/s 354 IPC following ingredients has to be proved: (i) assault must be on a woman; (ii) petitioner must have used criminal force on her; and (iii) criminal force must have been used on the woman intending thereby to outrage her modesty...........
Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - Ultimate test for ascertaining whether modesty has been outraged is the action of offender such as could be perceived as one which is capable of shocking the sense of decency of a woman...........
Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - Incident took place on occasion of a no confidence motion about to be moved by PW1 against petitioner in a parent Teachers Association Meeting - It is difficult to believe that petitioner assaulted PW1 with an intention to outrage her modesty - Evidence of PWs 1 to 3 is not consistent - Necessary..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 354, 114, 34, Arms Act, 1959, Section 25 -- Fourth bail application - Murder - Earlier bail applications were dismissed as withdrawn - All the private PWs stand examined after dismissal of last bail petition - Petitioner has suffered incarceration for about 2 years 7 months and 20..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 452, 323, 354, 506, 509, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 452, 323, 354, 506, 509 IPC and S.25 of Arms Act - Serious allegations levelled against accused in the FIR - Accused is alleged to have trespassed into the property of complainant and threatened to..........
Indian Penal Code, 1860, Section 376, 354, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 9(i), 9(n) -- Rape of minor girls by their biological father - Minor victims had given a history of sexual assault to PW12 but not of penetrative sexual assault - There is no injuries on their person or genital, on their examination by doctor - Offence u/ss 376..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10, 8, Indian Penal Code, 1860, Section 354, 354A -- Offence u/ss 9(m), 10, 8 of POCSO Act and Ss.354, 354-A IPC - Victim on the date of offence was below 12 years of age - Accused has neither disputed birth date of victim nor birth certificates of victim - Victim narrated incident to her parents when..........
