Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 3 -- Murder - Dacoity - Recovery of two bundles of currency notes of Rs.100/- at the instance of appellant from his house - Circumstantial evidence - Benefit of doubt - Recovery of currency bundles not proved by prosecution as being entrusted to deceased on date of incident - Prosecution witnesses..........
Indian Penal Code, 1860, Section 323, 307, 454, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 323, 307, 454, 34 IPC - Dispute between parties already settled amicably - Complainant does not want to press allegations levelled in FIR - It is thus, a fit case, where FIR pending against petitioner is quashed while exercising..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 354C -- Sexual assault on girls of Children home by supervisor - Merely because two girls come forward and spoke against accused and described his misdeeds, their testimonies cannot be thrown on the ground only because other inmates had not come forward or made any..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 354C, Evidence Act, 1872, Section 118 -- Sexual assault - Testimony of child witness/victim/PW1 - PW1 was 10 years old when she was examined - Before examination of PW1, certain questions were put to her and after assessing answers, Court observed that witness was..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 354C, Evidence Act, 1872, Section 118 -- Sexual assault - Testimony of child witness/victim/PW2 - PW2 was the first to raise a voice against accused - She made complaint to child helpline - Accused who was Supervisor of Children Home for Girls used to sexually harass and..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 354C -- Sexual assault on girls of Children home by supervisor - Defence produced by accused that PW2/victim having affair and he stopped her from meeting her boyfriend, is not probable, being not proved - More so, DWs produced by accused were officials, he did not..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 354C -- Sexual assault on girls of Children home by supervisor - Reduction of sentence - Offence committed by accused though does not deserve any leniency in the matter of sentence, however, considering the fact that he has two grown up daughters and sole bread earner of..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 12 years old girl by her own father - Merely because hymen of victim child was not found ruptured, it cannot be said that she was not subjected to penetrative sexual assault, particularly when there is clinching evidence of victim coupled with medical evidence..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 376 IPC and S.4 of POCSO Act - In order to make out offence u/s 376 IPC and S.4 of POCSO Act, complete penetration is not required - Slightest penetration is sufficient to constitute offence of rape or penetrative sexual assault...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 12 years old girl by her own father - Testimony of victim/child witness - Child witness deposed against her own biological father - Nothing in cross-examination of child witness to suggest even remotely that she was tortured by someone else to falsely implicate..........
