Criminal Procedure Code, 1973, Section 397 -- Acquittal - State filed appeal and accused was convicted and benefit of probation was granted - Complainant never challenged the order of acquittal - Revision petition by complainant for inadequate sentence is neither legal not proper - Revision petition dismissed...........
Tenancy -- Plaintiffs failed to prove creation of tenancy in favour of their predecessor-in-interest by State - They could not succeed in the suit simply by taking benefit of revenue entries which existed for few years - Once the very basis of initial revenue entries was not legal, no presumption of truth could be attached to such entries - Suit for declaration of..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - While recording the statement u/s 313 Cr.P.C in cases involving a large number of PWs, Judicial Officers will be well advised to take benefit of S.313(5) Cr.P.C, which will ensure that the chances of committing errors and omissions are minimized...........
Probation of Offenders Act, 1958, Section 4, Essential Commodities Act, 1955, Section 7 -- Benefit of probation - Offence u/s 7 of 1955 Act - Mere fact that minimum sentence is provided in the Essential Commodities Act, same will not be a hurdle for invoking applicability of provisions of Probation of Offenders Act - Accused directed to be released on probation...........
Probation of Offenders Act, 1958, Section 4, Essential Commodities Act, 1955, Section 7 -- Benefit of probation - Offence u/s 7 of 1955 Act - Offence was committed more than 37 years back - Accused was not involved in any other case - Even if there is minimum sentence provided in S.7 of Essential Commodities Act, accused is entitled to benefit of probation being of the..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Victim left her home alone and she boarded auto-rickshaw on her own on the date of incident as per PWs - She travelled with accused and stayed with him for about eight months and there is no evidence that she was ever detained by accused..........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Murder - Two dying declarations - Contradictions in two dying declarations with regard to presence of relatives - Magistrate did not specifically ask deceased about her condition in her Dying declaration recorded by him - Both the children of deceased were present at the time of incident but none..........
Service -- Promotional post - Wrong fixation of pay to post in transferee University - Employee transferred to another University shall rank junior most in the entry grade of category concerned, as per policy provided for inter-university transfers - Previous service is not to be counted towards seniority - Only protection given is regarding pay drawn by such employee -..........
