Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 354(i)(iv), Protection of Children from Sexual Offences Act, 2012, Section 11(i) -- Statements of interested witnesses - Murder - Sexual harassment - PWs 6 & 7 happens to be child/eye witnesses of incident and related to deceased - They stated the entire incident - No material contradiction found in their..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302, 354(i)(iv), Protection of Children from Sexual Offences Act, 2012, Section 11(i) -- Medical evidence - Murder - Sexual harassment - Non-finding of any injury on stomach of deceased by doctor, as alleged by PWs - Not very material and also not going to shatter prosecution case, as incised wound on neck and..........
Indian Penal Code, 1860, Section 354, Evidence Act, 1872, Section 3 -- Outraging modesty - Embracing and kissing - Conviction - Appreciation of evidence - Story regarding alleged molestation of victim by accused concocted by father of victim to save himself from prosecution initiated at the behest of accused - Lots of improvements made in statements of PWs as compared to..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 18, Indian Penal Code, 1860, Section 376(2), 511, 354 -- Attempt to rape - Prosecutrix in her statement stated that accused caught hold of her and pushed her down but she has not alleged that accused tried to commit rape upon her - No evidence on record that prosecutrix was minor at time of incident -..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Non-examination of two important site witnesses - Said witnesses were not in any way connected with actual commission of offence and even in their absence, commission of offence of molestation by accused stands well proved by unimpeachable testimony of eye witness to the incident - Adverse inference thus..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused an IG of Police molested prosecutrix aged 15 years - Prosecutrix committed suicide due to this incident after 3 years - Occurrence of overt act is well proved by unimpeachable testimony of eye witness PW13, which is corroborated by other PWs - Delay of about 6 days in presenting complaint to SHO,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451 -- Quashing of order - Order framing charges u/ss 354, 451 IPC - Accused allegedly made an attempt to outrage the modesty of complainant - Plea of alibi was taken by accused - However, documents produced by accused in support of such plea are not per se admissible - Witnesses are required..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 376(C), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, 10 -- Discharge - Rape - Special Judge after taking cognizance of offence, proceeded for examining I.O and two medical witnesses before framing charge to satisfy himself as to whether sufficient grounds are..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of minor girl aged 7 years - Reduction of sentence - Accused a grown up man aged around 65 years, sexually assaulted prosecutrix aged 7 years, who was like his grand-daughter - Specific and definite role assigned to accused - There is ample evidence on record to establish the guilt of accused - Accused failed to..........
