Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Mere fact that alleged incident occurred during period of Covid-19 pandemic cannot by itself be ground to presume that offence could not have been committed or to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim is not warranted at the stage of consideration of bail, a prima facie assessment of same is permissible, particularly, when testimony has already..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim - Where a minor has herself come forward and consistently disclosed abuse, Court is duty bound to accord due weight to her version while..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Prosecutrix was about 12 years of age at the time of incident - She alleged that accused had repeatedly committed aggravated penetrative sexual assault upon her, video..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Direction issued to all SHOs under DCP concerned to strictly ensure that name, parentage or address of a victim of sexual assault is not disclosed in any status report or document filed before Courts...........
Indian Penal Code, 1860, Section 376, 354, 420, 504, 506, 34 -- Rape - Prosecutrix did not specifically state that she was subjected to forcible rape - Medical report shows no injuries on prosecutrix including her private parts - Even assuming that there was physical contact, it could only be treated as consensual and not as alleged by prosecution - Acquittal upheld...........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 323 -- Sexual assault on girl by her father - Mother of victim had not chosen to give a complaint even though appellant is said to have committed grave offences when victim was aged 4 years, 8 years and after she attained puberty - She lodged a complaint of assault on..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Testimony of wife of deceased - Contradiction in the statement of PW1 is very trivial in nature, which cannot negate or demolish prosecution story - Even if there are some omissions, contradictions and discrepancies entire evidence cannot be disregarded - Undue importance should not be attached to omissions,..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Motive - PW1 stated that accused wanted to sell ancestral land which was being opposed by deceased - PW2/real brother of accused and deceased in his evidence stated that accused wanted to sell his land which was being opposed by deceased as accused used to drink liquor after selling his land, due to that reason accused..........
Indian Penal Code, 1860, Section 302, 147 -- Murder - Related witnesses - Incident took place in the house of deceased and accused which was only witnessed by PW1/informant/wife of deceased who has been examined - Therefore, question of production of witness from vicinity does not arise, whose deposition finds full support from postmortem report - If murder is committed in..........
