Judicial service -- Compulsory retirement - Law as to: (i) order directing compulsory retirement of judicial officer is not punitive in nature and has no civil consequences; (ii) while considering case of a judicial officer for compulsory retirement entire record of judicial officer should be taken into consideration, though latter and more contemporaneous record must be..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant stated that accused borrowed Rs.25,000 from him due to personal relation - However, accused did not enter into witness box and not denied by adducing evidence of himself that he has not borrowed money from complainant - Presumption u/s 139 of the Act will survive - Version..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim of sexual offence is not an accomplice, but is in the same status as an injured witness...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction may be founded on uncorroborated version of a victim provided her evidence is reliable...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Prosecutrix was forcibly violated by her uncle-in-law - She rushed to local Panchayat office in self same night but was turned away on plea that member were busy in meeting - Next day, prosecutrix went to police station but no complaint was received, as she was..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused was known to prosecutrix and consequently latter could not have suspected his evil intention when he initially entered the house - Suddenly, accused caught her and gagged her mouth and raped her - Thereafter, accused threatened prosecutrix by saying that he kept secret machine in the room and would kill her and her..........
Indian Penal Code, 1860, Section 376 -- Rape - Modification of sentence - Maximum sentence of life imprisonment imposed upon accused - Accused did not appear to have criminal antecedents - Balancing aggravating and mitigating facts, life imprisonment held, modified to R.I of 7 years with fine of Rs.10,000 in default to suffer R.I for 6 months more...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 365, 285, 148, 149, 452, 201, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner does not want to continue with petition after arguing for some time - Bail application dismissed as withdrawn - However, since the petitioner is in custody since June 2018 and only one PW out of..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Reduction of sentence - Incident occurred in 2017 - Age of accused was 20 years on date of his examination u/s 313 Cr.P.C - There is no conviction of accused in any offence earlier - Sentence of 10 years of R.I. appears to be on higher side and thus, reduced to 7 years R.I - However, sentence of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan transaction - Accused not denied the fact that cheque was signed by him - Loan amount was advanced on basis of personal relation - Preparation of loan documents thus, not required - Accused not entered into witness box - Version of complainant not rebutted by accused - When legal presumption..........
