Indian Penal Code, 1860, Section 376, 452, 506(2), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Defence of accused is that he has no criminal history - However, there is a charge of rape and molestation and having or not having criminal history is not at all relevant in such type of cases - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376, 452, 506(2), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Accused used to take victim to Kanpur for treatment and on the date of incident he stayed in a guest room where he committed rape with victim - Statement of victim u/s 164 Cr.P.C corroborated the statement given by victim as PW2 - Plea of false..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 452, 354 -- Benefit of probation - Offence u/ss 452, 354 IPC - Case registered against accused about 28 years ago - Accused convicted in Jan 2000 - Conviction against accused neither involved life sentence nor punishable more than 7 years imprisonment - Accused remained in detention for about 12..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Filing of fresh affidavit of examination-in-chief - With the filing of fresh affidavit of examination-in-chief, earlier affidavit filed cannot be allowed to be withdrawn...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - Once filed cannot be withdrawn - Deponent may file an affidavit subsequent to it and to add or supplement facts - Provision of O.18.R.4 CPC does not limit to file a single affidavit - However, deponent not be allowed to keep on filing fresh affidavits to keep improving his case..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit of examination-in-chief - When a new affidavit of examination-in-chief is filed the earlier one cannot be allowed to be deleted from record - All the affidavits shall form part of record - Other side shall have authority and opportunity to cross examine the witness on the basis of his affidavits as..........
Indian Penal Code, 1860, Section 302, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Death by burning - Testimony of child witness - Allegation against sister-in-law (jethani) of deceased - PW2/child witness stated that accused stuffed cloth in the mouth of deceased thereafter others tied her up and set her on fire leading to 95% burns - He had seen the entire..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 409, 420, 447, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1), 4(1)(A) -- Quashing of FIR - Offence u/ss 379, 409, 420, 447, 120-B IPC, Ss.13(2), 13(1)(d) of 1988 Act and Ss.21, 23, 4(1),..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 504, 506 IPC and Ss.3/4 Dowry Prohibition Act - Parties amicably settled the dispute - Proceedings arise from a matrimonial dispute, which is of a personal nature - Proceedings quashed...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Juvenile - Bail - Dowry death - Cruelty - Accused is about 17 years of age at the time of incident - There is no distinguishing feature from case of co-accused who is already granted bail and who is adult..........
