Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Indian Penal Code, 1860, Section 458, 363, 366A -- Kidnapping - Sexual assault on minor girl - Accused kidnapped prosecutrix and raped her and also threaten her that if she objected he would kill her family members - Fact that prosecutrix was taken from one place to another and rape was committed by..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment - Kidnapping and sexual assault on minor girl - Accused entered house of complainant with two persons and forcibly took away prosecutrix - Name of co-accused though not appearing in FIR but subsequently his name appeared in statement recorded u/s..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment of offence - Kidnapping and sexual assault on minor girl - Reduction of sentence - Case of co-accused is different from main accused - There is no allegation against co-accused u/s 3 of POCSO Act - Sentence of co-accused thus, reduced to 7 years..........
Indian Penal Code, 1860, Section 420 -- Cheating - Wrong facts in nomination paper of election to escape disqualification pertaining to third child - Cannot be considered to constitute offence of cheating...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 195, 193, 120B -- Cheating - Election matter - Quashing of FIR - Allegation made in FIR did not disclose any cognizable offence - Remedy available to complainant was to challenge election at the appropriate forum rather than filing of FIR - Wrong facts in nomination paper of election to escape disqualification pertaining..........
Service -- Misconduct - Punishment - Addition of new ground i.e `break in service' by way of punishment in Clause 16 of Chapter of Punishment in Certified Standing Orders - Permissibility - Permission rightly denied by Division Bench for the following reasons: (i) existing grounds enumerated in Clause 16 are sufficient to take care of any misconduct committed by any..........
Indian Penal Code, 1860, Section 499, 500 -- Defamatory statement in pleadings - It is offence of defamation and not offence of giving false evidence...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 202 -- `Impotent person' - Use of such words in pleadings constitute offence of defamation though such words used with the words `and the child was born by medical ovulation period technique as was suggested by the gynecologist' - Use of such words in a different sense can be proved during..........
Indian Penal Code, 1860, Section 506, Criminal Procedure Code, 1973, Section 202 -- Threat to damage or injure reputation - Allegation supported by material on record - Make out case for proceeding further in the matter u/s 506 IPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(2)(B), 20(b)(2)(C) -- Recovery of 11.750 kg ganja and 2.175 kg charas - Quantum of sentence - Quantity of ganja is below commercial quantity but quantity of charas is above commercial quantity - Therefore, in view of S.20(B)(C) of the Act, as there is commercial quantity, accused rightly sentenced for R.I..........
