Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 6 -- Aggravated sexual assault - Sentence - Occurrence took place in 2015 prior to amendment of 2019 - Trial Court ought to have imposed punishment as per law stood prior to amendment - Taking into account the age of victim and FIR indicates some relationship with accused, accused liable to be..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1)(1B), Evidence Act, 1872, Section 6 -- Murder - Conviction - Pronouncement that appellant was standing with a gun and his firing the gun at victim, are all circumstances so intertwined with each other by proximity of time and space so that the statement of the deceased became part of the same transaction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Case of grant of interim injunction in favour of petitioner is made out as all ingredients of first principles thereof are satisfied i.e. a) prima facie case of triable issues is made out b) balance of convenience is in favour of petitioner c) demolition of house in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Merely having a prima facie case is not enough for grant of interim injunction - All three essential requirements i.e prima facie case, balance of convenience and irreparable injury must co-exist...........
Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Once charge against accused u/s 324 IPC of voluntarily causing injuries by fire arm which is dangerous weapon stands established, they cannot escape punishment for using arms prescribed by S.27 of Arms Act - Accused rightly convicted...........
Indian Penal Code, 1860, Section 324, Arms Act, 1959, Section 27 -- Offence u/s 324 IPC and S.27 of Arms Act - Prior enmity between parties due to land dispute - Accused were present at the place of occurrence with a firearm and injury has been caused to informant due to act of accused, as per version of PWs - Defence plea of alibi taken by accused `M' does not inspire..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence indicates that no injury found on the body of prosecutrix - Presence of semen of accused on apparels of prosecutrix as an incriminating evidence was not established by evidence available on record - I.O did not turn up for rendering his evidence despite repeated summons - Non-reliable state of evidence led by..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - When deceased poured kerosene on herself, failure of accused to stop her, will not amount to an offence u/s 306 IPC - However, act may amount to abetting of offence u/s 309 IPC - Conviction of accused u/s 306 IPC set aside...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - Accused not paying heed to act of deceased attempting to commit suicide may amount to abetting offence u/s 309 IPC and not u/s 306 IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Factum of constant fights between accused and deceased for money and accused beat deceased was stated in statements of PWs - Accused rightly convicted u/s 498-A IPC...........
