Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim was 16 years 5 months old and accused was 21 years old - She was recovered from the home of accused and is inhabited by other members of family of accused including his parents -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 417, 34 -- Quashing of criminal proceedings - Offence u/ss 417, 34 IPC - Money suit filed for recovery of the amount in question which is also the subject matter of complaint case - For the same allegations two cases are going on which is not permissible - Criminal proceedings quashed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from carrying out construction over suit land - Plaintiff inherited the suit property along with defendant - Suit land is not partitioned - Construction over suit property will cause injury to plaintiffs right as co-sharer - Prima facie case is thus, in favour of plaintiff - In..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - FIR against victim of rape for the offence of extortion - Compromise - Victim of rape a young lady of 23 years - If she goes through trial, in one case as victim and in another case as accused, it would rob the prime of her youth - Though in a heinous case like rape, proceedings in a..........
Indian Penal Code, 1860, Section 302 -- Murder - Primarily 22 accused were prosecuted for unlawful assembly with common object of committing murder of deceased - However, only offence proved against A-1 and A2 is one u/s 302 IPC - No reason as to how conviction of only 2 out of 22 accused can be sustained and that too only for offence u/s 302 IPC when allegation of..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of PW1 and PW4 - Glaring contradictions between testimony of PW1 and PW4 regarding type of material object used and role of A-2 and very foundation of case of prosecution stood shaken - Trial Court disbelieved the evidence of PW1, as nothing was stated in FIR regarding injuries sustained by him but she spoke about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 32 kg 960 gms charas - Bail - Order of framing charge against accused is upheld - It is thus, presumed that accused has been prima facie found to be involved in the conspiracy relating to possession of commercial quantity of contraband -..........
Indian Penal Code, 1860, Section 376(2)(f)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence u/ss 376(2)(f)(i), 506 IPC and S.6 POCSO Act - Conviction - There was reliance upon the Secondary Examination Certificate as there was no official record of the State which has been produced regarding the age of the victim - Board of Doctors have..........
Indian Penal Code, 1860, Section 376(2)(f)(i), 506 -- Rape - Conviction - Merely because the medical of the prosecutrix goes on to show that her hymen was absent would not conclusively lead to the presumption that she had undergone sexual intercourse and that also with the appellant - The conviction is based solely on the statement of the victim - There was something more..........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
