Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506, Criminal Procedure Code, 1973, Section 357 -- Aggravated penetrative sexual assault by father upon his own 10 years old daughter - Victim's compensation - Having regard to age of victim at the time of offence, sustained nature of abuse and constitutional obligation to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 302, 363, 201 -- Bail - Rape and murder of 8 years old girl - Incident occurred in a gruesome manner in which 8 years old girl was raped and killed that too by her own cousin - Merely because there was public outcry and..........
Mutation -- Law as to: (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) they neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value on..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations against appellants are that they entered into a conspiracy with other individuals to fabricate a forged Will after death of testator that was then used to circumvent sale deed - Neither any criminal breach of trust nor any..........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
Negotiable Instruments Act, 1881, Section 138, 142, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Dishonour of cheque - Transfer of complaint - Lack of territorial jurisdiction - Petitioner/payee of cheque wrongly instituted Complaint Case at Cuttack, who is incompetent to take cognizance, having no territorial jurisdiction to try offence u/s 138 of the N.I. Act..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Certificate of school was produced by prosecution to prove the date of birth of victim - However, prosecution has failed to produce any document or evidence of school staff, head-master of school or school register admission form, etc., based upon which said certificate..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Victim was above age of 15 years and below 17 years at the relevant point of time as per medical report - Ossification test report are based upon an opinion given by a radiologist based on appearance of epiphysis and fusion of margins of bones - There would be always..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Victim was major on the date of occurrence - She was not taken away forcibly rather as it is revealed that she left the company of her parents clandestinely and joined association of appellant at her free will - Offence u/s 363 IPC, not made out - Possibility that she went with appellant at her own will and volition..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim was all over a consenting party and she was neither coxed nor forced to perform fornication - Evidence brought on record, particularly victim does not inspire confidence to hold the accused guilty for an offence of rape - Material brought on record has been very prudently discussed and examined by trial Court and no..........
