Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Omission of mandatory requirement running in three to four sentences cannot be a typographical error...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendments are not to be allowed merely because they are clarificatory in nature or removing any ambiguity after trial has commenced...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at the stage of final arguments - No explanation of due diligence for bringing amendment at the stage of final argument - Claim of typographical error/mistake is baseless and cannot be accepted - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 197, Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), Drugs and Cosmetics Rules, 1945, Rule 123 -- Sanction for prosecution - Offence u/ss 18(c), 27(b)(ii) of the Act - Sanction for prosecution prima facie appears to be suffering from vice of non-application of mind - There is no reference to any of documents, evidence or..........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - DNA report - DNA samples of accused, victim and child was taken and accused and victim concluded to be biological parents of child as per prosecution - However, no evidence on record as to exactly when victim delivered the child, for how many days child was alive, when samples of child were taken and by whom - Even,..........
Indian Penal Code, 1860, Section 376(2)(I) -- Rape - Testimony of victim - Victim was mentally retarded - Proper procedure was not adopted by trial Court to record testimony of victim - Whether she had given answers by gestures or any other language is not clarified - Brother of victim/PW1 was given the job of an interpreter, but no oath have been administered to..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Adequate power is conferred upon Court to recall any witness at any stage of proceeding but with rider that such evidence must be essential to just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW19 for further cross-examination - Application filed after a gap of 15 years - However, during cross-examination of I.O by co-accused, accused had gone unrepresented, because of reason beyond his control - Even otherwise, questions put to witness on recall are absolutely material to defence of accused, as otherwise..........
Civil Procedure Code, 1908, Section 16(c), 20 -- Jurisdiction - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC...........
