Indian Penal Code, 1860, Section 420, 406 -- Cheating - Work contract between parties - Prosecution never alleged that accused entered into agreement with fraudulent or dishonest intention inducing complainant to enter into work contract - Dispute between parties is of civil in nature and as per arbitration clause in agreement, complainant can very well approach arbitrator..........
Payment of Gratuity Act, 1972, Section 14 -- Gratuity - Employees of local bodies i.e. municipalities - Entitled to gratuity in terms of provisions of the Act...........
Indian Penal Code, 1860, Section 376(2)(f), 354 -- Rape of minor girl by her blind father - Prosecutrix has given detailed description of manner in which accused used to sexually assault her - Allegation of sexual assault go back to several years when she was only 6 years of age and sexual assault continued till she was 13-14 years of age - Complaint made to police when..........
Criminal Procedure Code, 1973, Section 482, Notaries Public Act, 1952, Section 13 -- Quashing of charge sheet - Merely because I.O was not competent to investigate the matter in view of S.13 of Notaries Act and to file charge sheet, even then, charge sheet cannot be quashed only on this ground...........
Indian Penal Code, 1860, Section 420, 423, 466, 467, 471, 120B -- Cheating - Quashing of charge sheet - Allegation against applicant that while he was working as a Notary had notarized the Will after death of testator - Will in question was notarized just one day after death of testator - Applicant had ample opportunities to compare the photograph with face of person who..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Determination of age of prosecutrix - Primary evidence on record shows date of birth of prosecutrix is 24.6.1998 - Prosecutrix was exploited somewhere in Nov/Dec 2013 - She at that time was therefore 15 years and 7-8 months..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Hostile statement of prosecutrix - Prosecutrix and her mother turned hostile, as accused is their close relative - However, prosecutrix admitted her signature on identification memo and also her statement recorded u/s 164..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Quantum of sentence - Prosecutrix was minor on the date of occurrence - She was subjected to sexual inter course thrice but she did not opt for apprizing her mother or anyone else in the family including her grandmother..........
Indian Penal Code, 1860, Section 354, 294, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 - - Offence u/ss 354, 294 IPC - Admittedly, petitioner at the time of commission of offence was 24 years old and for a period of 11 years has suffered travails of trial and conviction - Even, offences for which petitioner has been convicted are..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Double murder - Circumstantial evidence - Medical and scientific evidence clearly demonstrates that accused used axe for inflicting injuries on deceased persons - Even, recovery of bag containing clothes and mobile of accused is proved by accused himself in his statement u/s 313 Cr.P.C. - Moreover,..........
