Indian Penal Code, 1860, Section 302 -- Murder - Accused spent 20 years of actual imprisonment - State directed to consider and take decision on premature release of accused - However, as accused is in jail, he is directed to be released subject to final orders passed by State Government...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, Essential Commodities Act, 1955, Section 3, 7 -- Anticipatory bail - Offence u/ss 420, 409 IPC and Ss.3, 7 of Essential Commodities Act - Accused was running a rice mill and failed to return required quantity of rice after custom milling - State permitted to attach all the immovable..........
Indian Penal Code, 1860, Section 302 -- Murder of father - Circumstantial evidence - Benefit of doubt - Death caused by cutting of throat - Case of prosecution that there was a fight over property not convincing - No attempt made by police to associate any member of public to the arrest of appellant - Recovery of knife at instance of appellant is unbelievable - Testimony..........
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..........
