Indian Penal Code, 1860, Section 354A, 354D -- Outraging modesty of woman - Reduction of sentence - Accused has undergone a total sentence of 5 months and 12 days out of total sentence of one year as awarded by Courts below - He is a first time offender and is not involved in any other criminal case - Sentence of accused is thus, reduced to period already undergone by him..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Penetrative sexual offence - Victim aged about 9 years old boy sexually abused by accused taking advantage of their close proximity to one another in a deserted place - Evidence of victim not only corroborated by his parents and relations PW3, PW4..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Penetrative sexual offence - Modification of sentence - Accused does not have criminal antecedent and he has been awarded maximum sentence of life imprisonment - Sentence of accused thus, modified to 7 years R.I with fine of Rs.25,000 and in default..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Appeal against conviction - Compromise arrived at between parties and they amicably settled the disputes/differences between them - Compromise has been placed on record - Parties allowed to compound the offences in question - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Allegation by husband that wife is not capable of sexual intercourse - However, accused personally present in Court and admitted that during stay of 24 days, they had sexual relations - Accused thus, bluffed and misled Court by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Offence u/ss 363, 366-A, 34 IPC and S.6 POCSO Act - Prosecutrix was above 18 years of age when she was kidnapped by petitioner - Culpability of petitioner is yet to be established during trial - Moreover,..........
Indian Penal Code, 1860, Section 460, 467, 468, 471, Public Gambling Act, 1867, Section 13A -- Reduction of sentence - Offence u/ss 460, 467, 468, 471 IPC and S.13-A Gambling Act - Age of petitioner at the time of crime was 62 years and now he is more than 70 years - Maximum sentence to undergo by petitioner is 6 months - Considering the age of petitioner and maximum..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Acquittal in a case u/s 138 Negotiable Instruments Act - Does not attract Ss.499 and/or S.500 IPC - Mens-rea is a mandatory prerequisite for the offence of defamation - Held, in the present case mensrea or criminal intention is lacking on the part of accused, hence, they cannot be held guilty of offence of..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred in course of sudden quarrel - Accused had not acted in a cruel and unusual manner - He hit on the head of deceased with a sabal and deceased died of such assault - Quarrel continued for some time and family members of accused joined in quarrel - Act of accused thus, fall u/s 304(Part..........
Indian Penal Code, 1860, Section 304, 341, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 304, 341, 34 IPC - Prima facie consideration of FIR would show that all accused started giving beatings to deceased and gave push to her - No specific injury has been attributed to any one - It would be debatable as to complicity of accused in terms of..........
