Protection of Children from Sexual Offences Act, 2012, Section 5(I), 6 -- Penetrative sexual assault - Where there is no evidence to establish that accused has committed penetrative sexual assault on victim girl more than once or repeatedly, conviction of accused u/ss 5(I), 6 of POCSO Act is unsustainable...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 326 -- Quashing of FIR - Compromise - Offence u/s 326 IPC - Compromise arrived at between parties - Parties are neighbours - Accused armed with wooden logs and sticks at the relevant time - There is nothing on record to show that any dangerous weapons were used in commission of alleged offence -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Managing Partner is actually representing firm and he cannot contend that execution of cheque is not proved especially when conviction and sentence of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Sentence of firm became final - Managing Partner cannot content that execution of cheque is not proved - Managing Partner also committed an offence -..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - House breaking and theft - Accused convicted and sentenced in five successive cases but in different occurrences - Judgment of conviction and sentence imposed in all cases on a single day - Total amount involved Rs.16,700 - Both trial Court as well as appellate Court failed to give direction..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Normal rule is to grant bail and not jail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to the accused involved in that crime...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Record of trial Court destroyed - Reconstruction of record not possible - Even retrial not possible - Accused acquitted...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 364, 323, 34 -- Suspension of sentence during pendency of appeal against conviction - Murder - Case of accused is on identical footing with co-accused whose sentence already suspended - Strong grounds available to accused for challenging his conviction - Hearing of appeal not likely in near..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of the amount - Appeal filed after introduction of S.148 of the Act i.e. 16.08.2018 - Appellate Court rightly directed to deposit 20% of the amount as a condition for suspension of sentence - No interference warranted in the impugned order...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 19 -- Juvenile - Removal of disqualification attaching to conviction - Conviction in an offence will not be treated as a disqualification for a juvenile - Records of case pertaining to involvement of juvenile in a criminal matter are to be obliterated after a specified period of time - Cancellation of..........
