Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment of offence - Kidnapping and sexual assault on minor girl - Reduction of sentence - Case of co-accused is different from main accused - There is no allegation against co-accused u/s 3 of POCSO Act - Sentence of co-accused thus, reduced to 7 years..........
Indian Penal Code, 1860, Section 420 -- Cheating - Wrong facts in nomination paper of election to escape disqualification pertaining to third child - Cannot be considered to constitute offence of cheating...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 195, 193, 120B -- Cheating - Election matter - Quashing of FIR - Allegation made in FIR did not disclose any cognizable offence - Remedy available to complainant was to challenge election at the appropriate forum rather than filing of FIR - Wrong facts in nomination paper of election to escape disqualification pertaining..........
Service -- Misconduct - Punishment - Addition of new ground i.e `break in service' by way of punishment in Clause 16 of Chapter of Punishment in Certified Standing Orders - Permissibility - Permission rightly denied by Division Bench for the following reasons: (i) existing grounds enumerated in Clause 16 are sufficient to take care of any misconduct committed by any..........
Indian Penal Code, 1860, Section 499, 500 -- Defamatory statement in pleadings - It is offence of defamation and not offence of giving false evidence...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 202 -- `Impotent person' - Use of such words in pleadings constitute offence of defamation though such words used with the words `and the child was born by medical ovulation period technique as was suggested by the gynecologist' - Use of such words in a different sense can be proved during..........
Indian Penal Code, 1860, Section 506, Criminal Procedure Code, 1973, Section 202 -- Threat to damage or injure reputation - Allegation supported by material on record - Make out case for proceeding further in the matter u/s 506 IPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(2)(B), 20(b)(2)(C) -- Recovery of 11.750 kg ganja and 2.175 kg charas - Quantum of sentence - Quantity of ganja is below commercial quantity but quantity of charas is above commercial quantity - Therefore, in view of S.20(B)(C) of the Act, as there is commercial quantity, accused rightly sentenced for R.I..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(1)(C) -- Recovery of 500 gms smack - Sampling process - Safe conveyance of sample being sent for examination to FSL in intact and safe position doubtful - Neither constable who conveyed sample to FSL was produced by prosecution before trial Court nor permission obtained in this regard from Circle Officer..........
Adverse possession -- Possessing property with hostile animus to exclude all, is sufficient enough to constitute adverse possession - It is not necessary that true owner must be identified and specifically put on notice - It would suffice if possession is nec clam i.e., open and without stealth or secrecy, sufficient enough to bring it to the notice of claimants, if any...........
