Indian Penal Code, 1860, Section 302 -- Death sentence - Offence of kidnapping, rape and murder of minor girl - At the time of offence accused was 36 years of age and he was not involved in any other criminal case previously - Accused was a migrant labour and living in impecunious circumstances - Case does not fall within category of rarest of rare case - Sentence of death..........
Indian Penal Code, 1860, Section 376 -- Rape - 14 years old girl - Accused teacher - Defence - False case/false implication - Prosecutrix was afraid of her teacher - Incident of failing brother of accused a decade ago cannot be foundation of false implication - No girl of a tender age and her parents would like to jeopardise her entire future by falsely implicating a..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of Prosecutrix - Radiologic test indicated age to be between 15 to 16-1/2 - As per school records it was 14 years - School record relied...........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Age of Prosecutrix was 14 years - Question of consent does not arise...........
Civil Procedure Code, 1908, Order 18, Rule 16 -- Examining plaintiff immediately - Plaintiff 92 years of age - Plaintiff may not be available by the time suit reaches stage of recording of evidence - Statement of plaintiff very important and necessary for just and appropriate decision - Fit case for exercise of power U.O.18.R.16 for the purpose of recording statement of..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Costs - Imposition of - Writ petition filed by appellant an Air Vice Marshal in Indian Air Force against order of non extension of his service upto 58 years of age and for not communication of Adverse remarks - Impugned order was set aside by Single Judge and respondents were directed to communicate the..........
Hindu Marriage Act, 1955, Section 13(2)(iv) -- Marriage during minority - Repudiation - Not permissible before attaining the age of 15 years and such option is available till attaining age of 18 years...........
Indian Penal Code, 1860, Section 344, 366, 376, 384 -- Prosecutrix 35 years of age, having three children went with the appellant voluntarily - Prosecutrix earlier also eloped with a person - Prosecutrix a consenting party - From statement of prosecutrix it nowhere appears that she was kidnapped or taken away forcibly by the appellant - Conviction set aside...........
Criminal Procedure Code, 1973, Section 235, Indian Penal Code, 1860, Section 326 -- Conviction and sentence of 5 years and fine of Rs.2,000/- u/s 326 IPC and S.27 Arms Act - High Court reduced sentence to already undergone i.e. 63 days as accused was 60 years of age and to keep peace in village and families of parties - Order of High Court set aside and custodial sentence..........
Prevention of Food Adulteration Act, 1954, Section 7(iv), Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, Section 6 -- Cigarettes and other Tobacco Products Act is enacted with intention to bring out a comprehensive enactment to deal with tobacco and tobacco products..........
