Indian Penal Code, 1860, Section 376, 450, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Reduction of sentence - Mere fact that on the date of incident accused is of young age, it is not a licence to commit rape on anybody and everybody - Therefore, it is not a mitigating circumstance either - Moreover, victim is an innocent girl of 12 years..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Both the parties categorically stated that they could not live together and have withdrawn from society of each other due to temperamental and other differences and are living separately since 2020 - They settled all disputes regarding maintenance, Stridhan and..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(10) -- Video recording of Court proceedings - Statutory right is conferred on victim u/s 15-A(10) of the Act to get all proceedings relating to offences under the Act to be video recorded - Such request to video record cannot be turned down on the ground that offences charged against..........
Indian Penal Code, 1860, Section 364A -- Kidnapping for ransom - Material on record indicates complete failure on the part of PWs to identify the assailants - PW3 important witness of prosecution not supported the case of prosecution - Car that was used by accused not produced before trial Court at any stage - Nothing on record to establish that PW2 was in captivity of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for re-examination - Victim cross-examined at length - Plea that it was because of her ill health that she could not narrate the entire facts - However, nothing on record that victim was not well on that day - Observation of trial Court that application has been deliberately filed due to some kind of compromise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Non-compliance of S.202 Cr.P.C - Magistrate has taken into consideration complainant's affidavit and documentary evidence on record - He thus, complied with mandate of S.202 Cr.P.C - Moreover, S.202(2) Cr.P.C is not applicable to proceedings of a complaint u/s..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Common passage - Came into existence on basis of an agreement between parties - Both the sides therefore, not entitled to change the size or nature of passage - Trial court directed to record evidence and decide suit and till then passage shall be kept free from all obstructions...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Court cannot be used as a tool for collecting evidences, especially when plaintiff has failed to bring on record any title document as to how property in question was ancestral - Plaintiff cannot be allowed to fulfill the deficiency of his case by appointment of Commissioner so..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights passed against wife - Wife failed to bring any material on record regarding any obstacles created by husband in obeying such decree - It is wife who challenged said decree before appellate Court - No sufficient cause has been shown by wife for withdrawing from..........
Criminal Procedure Code, 1973, Section 378 -- First appeal against order of acquittal - High Court while dismissing appeal has not at all discussed or re-appreciated the entire evidence on record - In fact, High Court has only made general observations on the deposition of witnesses examined - However, there is no re-appreciation of entire evidence on record in detail,..........
