Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Accused though below age of 16 has ravished a very young prosecutrix, who is just 6 years old - Prosecution is consistent in FIR lodged by prosecutrix's mother, statement of..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Defamatory allegations were made by wife in matrimonial case accusing her husband that he was consuming liquor and was assaulting her in night hours - Contents of the same also revealed by wife to her relatives and a friend of husband - There was thus, publication as required u/s 499 IPC of alleged defamatory..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Quantum of sentence - Accused was a young woman of 27 years of age having a minor daughter which required to take care - Complainant was husband of accused and also father of their minor daughter - Sending accused to serve imprisonment however small period it may be that itself would drastically affect her future as..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Testimonies of PWs do not show that deceased was unhappy because of accused and she was forced to take such a step on his account - No overt act or illegal omission is seen from accused's side in taking due care of deceased - Evidence does not indicate deceased faced persistent harassment from her husband -..........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Intention to cause disorder or incite people to violence is sine qua non for offence u/s 153-A IPC...........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - In order to attract provision of S.153-A IPC, accused must be making statement with an intention and said statement must provoke or promote feeling of enmity, hatred or ill-will between different religious or racial or other language or regional groups or castes...........
Indian Penal Code, 1860, Section 153A -- Offence u/s 153-A IPC - Quashing of proceedings - Petitioner made a speech so as to promote feelings of enmity, hatred or ill-will between two religions - Prima facie material against accused is on record - Whether petitioner having an intention or not is a matter which has to be considered only at the time of trial - Full dress..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 34 -- Anticipatory bail - Offence u/ss 363, 366, 34 IPC - Additional Session Judge who has passed order granting anticipatory bail to accused despite objection raised by complainant as well as I.O. that girl is aged about 15 years though while dismissing anticipatory bail application of..........
Indian Penal Code, 1860, Section 500 -- Defamation - Advocate - Advocate filed an application, on behalf of accused A1, A3 to A5, for removal of respondent and seeking appointment of another Resolution professional in a petition u/s 27 of Insolvency and Bankruptcy Code, 2016 - Said application was allowed and respondent was removed and another person was appointed as..........
Criminal Procedure Code, 1973, Section 432, 433A, Indian Penal Code, 1860, Section 364A -- Pre-mature release - Kidnapping - Conduct of both the accused is more than satisfactory as per State's own affidavit - Accused have no material criminal antecedents and have served almost 16 years in jail - Although being 54 and 43 years old, they still have substantial years of life..........
