Protection of Children from Sexual Offences Act, 2012, Section 10 -- Aggravated sexual assault - Testimony of prosecutrix - There is no bar for Court to arrive at the conclusion of guilt of accused on the basis of uncorroborated testimony of prosecutrix if she is found to be trustworthy and her evidence is of sterling quality...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 70(1), 77, 351(2), 69, 75(1), Information Technology Act, 2000, Section 67A -- Bail - Gang rape - Petitioner has been assigned the role of facilitating the participation of other persons who are accused in the case - There is no possible reason or explanation given by petitioner..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Respondents were named in FIR but they were not named in charge sheet as accused - After recording depositions of PW1 and PW2 which inspired confidence of trial Court, respondents were summoned to face trial u/s 319 Cr.P.C - Credibility of PW1 and PW2 cannot be gone into at this stage, as these..........
Evidence Act, 1872, Section 30 -- Confession of a co-accused - Confessional statements made by accused during interrogation can be considered or looked into to connect the other co-accused - Such disclosure statement of co-accused can certainly be taken into consideration for providing a lead in the investigation and even during trial it is admissible u/s 30 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Contraband involved consists of 13.288 kilograms of ganja, which is classified as non-commercial quantity - Specific allegations against petitioner were made by co-accused in their confessional..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), 75 -- Cancellation of bail and issuance of non bailable warrants due to inadvertent appearance of accused on one date - This amounts to an unjustifiable restriction on the procedural rights of the petitioner in the absence of any misconduct, lack of `bonafides', or a deliberate attempt to evade proceedings on his..........
Evidence Act, 1872, Section 25 -- Confession of co-accused before police - No other material to implicate petitioner in the crime - Proceedings against petitioner quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 179(1) -- Attendance of witness - Summoning to advocate - Power of police u/s 179(1) BNSS cannot be stretched to summon advocate appearing for accused to divulge communication exchanged with client - Summoning of advocate infringes right of client to legal representation and violates constitutional right of legal..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(3) -- Issuance of notice - Notice to advocate - Police have no authority to issue notice u/s 35(3) BNSS to advocate of accused for purpose of investigation involving his client...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Instead of determining `whether or not there is sufficient ground for proceeding against accused', based on the material, it asked wrong question as to whether that would warrant a conviction - Order quashing proceedings set aside...........
