Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Victim was less than 12 years of age at the time of commission of offence - Terms `Galat kaam' and `sexual intercourse' used by her against accused have to be understood in the context of her understanding which definitely cannot be equated to be that of an adult or..........
Medical education -- Admission to Super Specialty Medical Courses - Reservation to in-service doctors - Government Order which provided for 50% reservation for admission in Super Specialty courses/seats was issued after admission process for academic year 2020-2021 had begun - Therefore, interim protection which was granted to academic year 2020-2021 that admission to..........
Indian Penal Code, 1860, Section 307, 323, 387, 452, 427, 34 -- Attempt to murder - Informant alleged that accused threatened him against lodging a report but in his evidence he stated that he went alone immediately afterwards to lodge report - Conduct of informant appears to be unnatural - Informant alleged that accused had hit him with but of a gun, stick and kicks, but..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence adduced by victim and her mother has clearly established offence against accused - Non-production of wearing apparels of victim cannot destroy prosecution case when there was better evidence and medical evidence also supported fact that there was some lacerated abrasion over left arm of victim - No prior enmity..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape of 3 years old minor girl - Prima facie evidence on record that accused has committed an inhuman act of rape on a minor girl of 3 years - Victim has narrated her ordeal in words as well as in signs and..........
Indian Penal Code, 1860, Section 375 -- Rape - Victim was minor at the time of incident and accused confessed that he lost control over himself and committed the offence - Medical report confirmed tenderness in vagina of victim which also revealed redness and ruptured hymen - In the absence of accused establishing any alternative reason for such fact, merely because victim..........
Indian Penal Code, 1860, Section 302, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Murder - Dying declaration - Nothing on record which dents statement made by deceased - Statement of deceased is reliable and gives cogent explanation of occurrence - Medical opinion with respect to condition of deceased before and while making her statement is on..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - No contradictions between ocular and medical evidence - Presence of all accused established and proved - Prosecution successful in proving that all accused shared common intention - Trial Court rightly convicted all the accused and High Court committed error by reversing conviction and acquitting..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Medical Officer found cut injury on left ear lobule, which was repaired by stitches - Complainant lodged that accused snatched away a gold earring from her left ear causing bleeding injury over said left ear - She narrated same history of assault before Medical Officer - Accused rightly convicted u/s 323 IPC...........
