Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 173(4) -- Registration of FIR - Medical negligence - Contents of application moved u/s 173(4) BNSS does not make out a case of criminal rashness or negligence on part of respondent - Relevant inquiry was already conducted - Daughter of petitioner was admitted in a critical condition in Emergency Ward and was attended by two..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - 35% Functional disability - Medical expenses - Appellant suffered two fractures, one of which was a compound fracture, treatment of which required surgical intervention - Medical expenses hence be increased to Rs.20,000...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total Compensation - Taking into account the earning of deceased at Rs.36,000 for six months, medical expenses @ Rs.20,000, special diet, pain and suffering, attendant expenses, total compensation held, awarded @ Rs.7,19,489 with interest as directed by Tribunal, running from the date of filing claim petition...........
Indian Penal Code, 1860, Section 304B -- Dowry death - No medical evidence on record to prove with certainty that deceased died due to consumption of poison and failure of heart and lungs occasioned due to consumption of poison - It is not the case of prosecution that any demand for dowry or any valuable security or other property was made by accused in connection with..........
Indian Penal Code, 1860, Section 304B, 498A -- Offence u/Ss.304-B, 498-A IPC - Conviction - Appreciation of evidence - Bald allegation by de-facto complainant about demand of dowry and cruelty - Statement of de-facto complainant about giving jewelry not corroborated by any prosecution witnesses - Even, as per evidence on record, `soon before her death' deceased was at her..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was subjected to harassment at the hands of husband and his family members for demand of Rs.2 lakhs with a motorcycle and she was ousted from her in-laws house - She thus, has a valid reason to stay separately from husband - Wife is less educated woman unable to maintain herself - Husband is..........
Indian Penal Code, 1860, Section 332, 333, 353, 147, 506(ii), 149 -- Offence u/ss 332, 333, 353, 147, 506(ii), 149 IPC - Medical evidence - Medical Evidence does not support case of prosecution - PW1 was not medically examined and he deposed that he did not suffer any visible injury - Admittedly, PW2 and PW3 were medically examined by Doctor, but due to non examination of..........
Indian Penal Code, 1860, Section 354A(1)(i), Protection of Children from Sexual Offences Act, 2012, Section 9(e), 9(l), 10, 41 -- Sexual assault - Medical examination was conducted by petitioner in the presence of mother of victim on the first occasion and in the presence of elder sister of victim on the second occasion - It is too hard to believe that petitioner would..........
