Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - I.O. failed to produce any medical evidence or other documentary evidence to prove that prosecutrix was aged below 18 years as on the date of registering FIR - Father of prosecutrix also did not state about age of prosecutrix - Prosecution has miserably failed to prove that..........
Criminal Procedure Code, 1973, Section 209, 321 -- Offence exclusively triable by Court of Session - Once it appears to Magistrate that offence is exclusively triable by Court of Session, then other than for considering matters relating to bail and remand as provided u/s 209 (a) to (d) Cr.P.C., Magistrate has no implicit power to entertain any other matter, including an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Call detail record by itself cannot carry forward case of prosecution to show that contraband was sold by accused to co-accused - It can only show that both of them were in contact with each other, but would not lead to any inference that they were selling and purchasing the charas - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Evidence Act, 1872, Section 27 -- Contraband - Disclosure statement - Statement by accused during investigation is inadmissible in view of S.25 of Evidence Act as well as S.162 Cr.P.C - Said confession made by co-accused cannot be taken as substantive piece of evidence against another accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Non-joining of independent witness - Place of recovery not totally secluded - No convincing material to suggest that any effort was made to associate any independent witness - Non joining of independent witness though not fatal but definitely can be considered as a circumstance sufficient to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Two extra packets/envelopes found inside the sealed backpack - Sufficient to create serious doubt in prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Interpolations and changes made in official records that too related with criminal investigation for a serious offence - Needs to be viewed seriously and with suspicion...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - All spot witnesses have feigned ignorance about exact spot position and its vicinity also gives rise to suspicion in prosecution story - More so, there is unexplained entries in NCB form - Serious discrepancies were found in official records including NCB Form, resealing certificate and time..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Decision taken in a case u/s 125 Cr.P.C. and u/s 12 of the D.V. Act have no binding effect on each other...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance petition u/s 125 Cr.P.C. - If rejected then wife is not precluded from claiming maintenance or other monetary remedy under D.V. Act...........
