Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Kidnapping and sexual assault - Applicants are parents of A-1 - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 186, 333, 353 -- Quashing of proceedings - Compromise - Offence u/ss 186, 333, 353 IPC - Compromise entered into between parties - Offences in question are not heinous offences or serious offence of mental depravity, nor it involves offence covered under Prevention of Corruption Act - Chances of..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Age of prosecutrix - Prosecutrix was student of class III and certificate of school depicts her date of birth on the date of incident about 9 years - Defence in their statement has not objected age of prosecutrix rather accepted the same - Age of prosecutrix on date of incident is definitely less than 18 years and she was..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Plea of false implication - Defence stated that there is property dispute between complainant and wife of accused - However, no evidence of any such dispute is available on record - Plea of false implication by defence appears to be quite improbable and rejected...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Testimony of prosecutrix - Prosecutrix stated that accused took her away at his house and then raped her when she cried then her mouth was forcibly shut down and that on the date she was wearing school uniform - When her father took her home at that time she was bleeding from private part - Testimony of prosecutrix intact..........
Service -- Promotion - Post of Principal in polytechnic college - Whether Ph.D is mandatory qualification or not - Candidate without Ph.D would compulsorily need 10 years experience for HOD and would need to work further 3 years in that capacity i.e for minimum of 13 years experience to become Principal - Whereas, candidate with a Ph.D can apply for principal-ship within..........
Indian Penal Code, 1860, Section 354B, Protection of Children from Sexual Offences Act, 2012, Section 8, 12 -- Offence u/s 354-B IPC and Ss.8, 12 of POCSO Act - Examination of Defence witness - Accused wants to place other FIR on record and examine its maker as a witness, as subsequently another FIR was lodged by mother of accused - It is neither a cross case that it..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 306 -- Default bail - Offence u/s 306 IPC - Challan not presented within statutory period of 90 days - Accused entitled to default bail in terms of S.167(2) Cr.P.C and cognizance by Sessions Court u/s 193 Cr.P.C was inconsequential...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 392, 394, 34, 411 -- Suspension of sentence during pendency of appeal - Offence u/ss 392, 394, 34, 411 IPC - Complainant identified accused in Test Identification Proceeding and in his deposition before Court - He had seen accused in unmuffled face in Court - Accused had already spent more than 3..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 460(e) -- Dishonour of cheque - Cognizance taken by Magistrate not empowered to take cognizance - Held, it will not vitiate the proceedings, as cognizance taken in good faith that too erroneously - Matter squarely covered by S.460(e) Cr.P.C...........
