Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Reduction of sentence - Victim was already married - Appellant contended that some lenient view may be taken in the matter of sentence - Contention rejected, as minimum prescribed punishment was imposed upon appellant by Trial Court, therefore, no further..........
Indian Penal Code, 1860, Section 302, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(i), 4 -- Conviction - Police is empowered to register FIR only in cases where some informant comes forward and provides information regarding the commission of a cognizable offence to the police - The extra-judicial confessions and evidence..........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Hindu Marriage Act, 1955, Section 13(i)(a) -- Divorce - Cruelty - Conduct of wife in repeating verbal abuse, unfounded allegations and institution of baseless complaints, amounts to cruelty within the meaning of S.13(i)(a) of the Act - Divorce granted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled dispute between themselves - Once settlement is being effected, then in terms of S.147 of the Act and S.320 Cr.P.C, accused ought to be acquitted as offence stands compounded - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - For offence of desertion, two essential conditions must be there so far as deserting spouse is concerned i.e (i) factum of separation; and (2) intention to bring cohabitation permanently to an end - Similarly, two elements are essential so far as deserted spouse is concerned i.e: (i) absence of consent;..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against sisters of husband - Taunting wife on the ground of not being able to conceive cannot be taken as sufficient grounds for continuation of proceedings against petitioners u/s 498-A IPC and Ss.3, 4 of DP Act - Proceedings qua sisters of husband..........
Indian Penal Code, 1860, Section 307, 452, 380, 34 -- Attempt to murder - Theft - No specific or overt act has been attributed against any of appellants except some general and omnibus allegations of commission of theft and pressing neck of informant - However, informant has not gone under any medical examination - On the basis of bald testimony of informant, a case u/s..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Reduction of sentence - Considering date of incident of offence, advanced age of appellant, mental anxiety and continued stress that he must have experienced by pendency of proceedings, imposition of sentence of prison term for minimum period would sufficiently serve the interests of..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Criminal conspiracy - Accused has been roped in commission of offence with aid of S.120-B IPC - However, same has not been proved by leading any cogent evidence - Most important witnesses `P' in whose house conspiracy is alleged to have been hatched is not a prosecution witness - There is no other independent witness..........
