Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 5 -- Unnatural offence - Juvenile accused - Juvenile delinquent on establishment of his guilt, only be sent to special home - He cannot be remanded to any other correctional facilities - However, since juvenile attained majority, he cannot be sent to special home - Juvenile..........
Indian Penal Code, 1860, Section 302 -- Murder - Identity of accused not disputed as accused is not a stranger but is a close relation of witnesses - Though witnesses did not actually see the accused causing murder of deceased but they have seen accused standing on roof with kulhara and on seeing witnesses he jumped and ran away - Statement of witnesses would fall within..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27, 9 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - Non-conducting of Test Identification Parade (TIP) - Material omission on part of I.O. in not conducting Test Identification Parade (TIP) of recovered articles, more particularly when case of prosecution is based solely..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of ornaments worn by deceased - I.O. not deposed exact words as narrated by A-2 and A-3 in their disclosure statements - In fact, he even did not care to exhibit disclosure statements of which he was scribe in his deposition - I.O. also did not depose in..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9, Limitation Act, 1963, Section 5 -- One application U.O.22.Rr.3, 4 CPC, O.22.R.9 CPC and S.5 Limitation Act, can be filed - There is no bar in filing one consolidated application when reliefs sought are connected or when reliefs sought are dependent upon reliefs required to be obtained for getting complete relief...........
Criminal Procedure Code, 1973, Section 57, Prevention of Money Laundering Act, 2002, Section 65, Constitution of India, 1950, Article 22(2) -- Requirement of Art.22(2) is incorporated in S.57 of Cr.P.C. - There is no inconsistency between provision of PMLA and S.57 of Cr.P.C. - By virtue of S.65 of PMLA, S.57 of Cr.P.C. applies to proceedings under PMLA...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Quashing chargesheet - Appellant along with her family did not attempt to put any pressure on the deceased to end the relationship between her and Babu Das - In fact, it was the deceased's family that was unhappy with the relationship - Even if the Appellant expressed her disapproval towards the marriage of..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to wife - During the lifetime of husband no other family member is liable to maintain his wife u/s 125 Cr.PC or under Hindu Law - However, after death of son, widow daughter-in-law is entitled to get maintenance from his father-in-law u/s 19 of Hindu Adoptions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 22(c), 23, 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Applicant was made accused and has been in custody in regard to two cases for the same act of allegedly delivering a container containing contraband - However, no recovery of any contraband or cash has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Long period of incarceration undergone by appellant - There are no independent witnesses to seizure and pace of trial is rather slow - Out of 17 PWs only one witness has been examined till date - Trial Court would take some time to..........
