Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Lifting of dhoti by accused to show his private part and then asking victim to measure his penis, would squarely attract S.11(1) of POCSO Act as well as S.509 IPC prima facie...........
Indian Penal Code, 1860, Section 376, 323, 452 -- Rape - Testimony of prosecutrix - Statement of prosecutrix stood corroborated with the testimony of PWs 8 and 9, those who had categorically deposed that they were driven out from the house by accused and door was bolted from inside - Presence of accused on the spot of occurrence is thus, proved - Though there is no eye..........
Indian Penal Code, 1860, Section 302, 307, 100 -- Murder - Right of private defence - Deceased had received 8 to 9 shots from the carbine of appellant which are spread all over his body - Entry wounds exist on the front as well as on the back of deceased's body, which makes it clear that deceased was shot not only from the front but also from the back while he was trying..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Victim is habitual to sexual intercourse - No visible injury found on the body of victim or on her private parts - There is no corroboration of statement of victim also by medical evidence - Accused and victim were recovered while they were walking together - PW10 at whose residence accused is said to have..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Allegation that accused demanded Rs.1600 from complainant for admitting his mother in Hospital for operation - However, accused stated that said amount was used for purchasing medicines and part of amount has to be paid to anesthetist - PW9/District Co-coordinator of hospital had..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - Lis is between two private parties and no State machinery is involved - Imposing fine of Rs.30,000 payable to State set aside...........
Indian Penal Code, 1860, Section 376, 34 -- Rape - Identification of appellants not challenged by defence - PW1 and PW2 though they are not eye witnesses but they corroborated the case as they have seen the accused persons running away from the house of victim - Doctor has not found any external or internal injury on the private part of victim and also not found any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Evidence Act, 1872, Section 61, 64 -- Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
