Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Juvenile - Kidnapping and rape - Age of appellant on the date of incident was 17 years, 10 months and 18 days - He was thus, a juvenile on the date of incident - Admittedly, there are..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Quashing of FIR - Obnoxious allegations were levelled against petitioners in FIR - Allegations that petitioners without knowledge of victim clicked her pictures and videos and thereafter threatened to circulate the same unless she would agree for..........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Testimony of minor victim suffer from internal contradictions - Contradictions in testimonies of victim's parents regarding timing and knowledge of alleged incident are significant - Medical evidence shows that there were no injury marks,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 323, 427, 34, 120B -- Bail - Murder - Accused may have carried injured victim to Hospital who later died, but he was actually brought dead to hospital - This fact will have to be considered de hors from the fact as to who actually had committed offence in the first place - Trial Court has..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance company is only to indemnify loss of estate of insured, that too, in monetary terms, by pecuniary compensation - Monitoring victim of accident and ensuring his well being in future will not be duty of insurer nor can such an obligation be cast on it...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future medical expenses - Victim was 22 years old when he was rendered almost immobile by injuries suffered in an accident - A prosthetic limb, would in any event cost approximately Rs.2 lakhs and it would have to be changed in every five years - Even on a conservative estimate, victim would require the..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution failed to establish a proximate link between alleged acts of cruelty and deceased's decision to commit suicide - No specific evidence was found that accused instigated, provoked or aided deceased to take the extreme step - Witnesses deposed that one month back there was a quarrel between accused and..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Cross-examination of victim - Closure of - Victim do not intend to answer the question put to her during cross-examination despite repeated warnings - Further proceeding with cross-examination does not seem to be possible for conduct of victim - It was for Trial Court to have averred evidentiary value of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of SC/ST Act - No evidence on record that victim was raped only on the ground that she belonged to SC community - Conviction under SC/ST Act set aside...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Victim extensively cross-examined by accused but nothing incriminating elicited from her so as to discredit her testimony - Testimony is corroborated partly by her father - Even though no injury found on the body or private part of victim, it cannot be a ground to disbelieve her testimony - Victim was..........
