Indian Penal Code, 1860, Section 376 -- Rape - Age of victim - A victim, who is admittedly a minor and if medical tests are conducted for determination of age, and assuming that such medical determination supports the claim of minor victim, the principle of +2 and -2 cannot and ought not to be mechanically applied to deprive the minor victim of the protection available to..........
Indian Penal Code, 1860, Section 376 -- Rape - Determination of age - Appeal against acquittal - Medical evidence shows the age of the victim is about 14 years - If principle of +2 and -2 years is applied, then the victim could be either 12 years or 16 years - Hence, victim was less than 16 years of age on the date of incident, and therefore, a minor - Order of acquittal..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(33), Indian Penal Code, 1860, Section 307 -- Transfer of case to Children's Court - Attempt to murder - Petitioners though are between age group of 16 to 18 years, they have not committed heinous offences, as S.307 IPC cannot fall within ambit of heinous offences - Case of petitioners, thus, not..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape of minor girl - Victim was under 12 years of age at the time of occurrence - Delay in lodging FIR regarding first incident properly explained by prosecution, as victim was under threat to be killed by accused - At the time of commission of second incident mother of victim fortunately arrived at the..........
Indian Penal Code, 1860, Section 363, 366A -- Kidnapping - Quashing of proceedings - Prosecutrix left the house of her parents at the age of 18 years and 2 month - She being major performed marriage with accused as per her own wish and accord - Prosecutrix living happily with accused as his wife and they blessed with a child - Continuation of criminal proceedings against..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Allegation made by NGO worker PW6 - Testimony of victim - A minor aged approximately 9 years at the relevant time, is not expected to speak the language deployed in the statement recorded u/s 164 Cr.P.C. - A girl of her age can only speak so if..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Multiplier - Issue that multiplier has to be applied as per the age of deceased - No longer re-integra...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased was 25 years of age at the time of accident and was earning around Rs.10,000 p.m - Keeping in view the age, deduction of 1/3rd towards personal expenses, loss of future prospect @ 40%, applying multiplier of 18 and by adding various heads under which claimants entitled to compensation, total..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Accused who is charge sheeted without arrest u/s 376 IPC or any other offence punishable with imprisonment for life or death may be released on bail u/s 437(1) Cr.P.C, provided there are no reasonable grounds for Court to believe that accused is guilty of offence punishable with imprisonment for life or death or accused..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Juvenile - Determination of age of prosecutrix - Rape case - Neither matriculation certificate, nor date of birth certificate from school first attended and birth certificate by Corporation or a Municipal authority or a Panchayat was on record - Prosecutrix was examined by Medical Board which has..........
