Protection of Children from Sexual Offences Act, 2012, Section 42 -- Offence under POCSO Act and IPC - S.42 of POCSO Act, would make it clear that when the alleged acts or omissions constitute offence both under IPC and POCSO Act then, the law which prescribes the punishment of greater degree would have to be applied...........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376(2)(f), 376(2)(i) IPC and Ss.3, 4 of POCSO Act - Sections of IPC provides for a higher sentence as compared to Ss.3, 4 of POCSO Act - Trial Court was justified in choosing the former to award punishment in terms of S.42 of POCSO..........
Indian Penal Code, 1860, Section 304A, 304B, 306 -- Offence u/ss 304-A, 304-B, 306 IPC - Compromise - In offences resulting in death such as u/s 302, 304-A, 304-B, 306 IPC etc., deceased is primary victim - Because harm suffered is inevitable, no compromise by legal heirs can substitute voice of deceased - Therefore, it is not for accused and complainant to negotiate,..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because in the medical evidence, there are no major injury marks, this cannot be a reason to discard the otherwise reliable evidence of prosecutrix - It is not necessary that in each and every case where rape is alleged there has to be an injury to the private parts of victim and it depends on..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of prosecutrix - Prosecutrix was a major girl studying in first part of B.A. at the time of incident - Though she was subjected to detailed cross examination, she stood firm and unshaken disclosing the incident in detail regarding the presence and participation of accused in ravishing her - Evidence of..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Medical evidence - Absence of injuries on the private parts of prosecutrix is not always fatal to the case of prosecution - Prosecutrix stated that accused overpowered her and pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - Thus, it is possible that there were no major injury..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Merely by alleging that mother of prosecutrix was a lady of easy virtue or her husband left her, there is absolutely no supportive material brought by appellant in his defence so as to explain why he was implicated - Question of conviction of accused for rape of prosecutrix is independent and distinct - It has absolutely..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Basic ingredient of S.304(Part II) IPC is presence of knowledge and absence of intention...........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Two deceased employees of appellant No.1 while working on sign board were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death - It was purely accidental - No prima facie case can be said to be made out against..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Bail - Cheating - Allegation that respondents/accused persons for their own benefit tried to compromise the sanctity of competitive examination - Let the accused persons stand trial and let it be established by process of law that accused have indeed not committed any crime..........
