Indian Penal Code, 1860, Section 302 -- Murder - Accused was not represented by a counsel post framing of charge - He had absconded for more than 12 years and was arrested in 2019 and since then he is in judicial custody - Justice demands that an impartial trial be held and for achieving such object it would be necessary that a lawyer be appointed by trial Court to..........
Indian Penal Code, 1860, Section 354, 354D, 34 -- Outraging modesty of woman - Incident occurred in residential quarter of Medical Officer - However, statement of sole witness/medical officer has not been recorded - Complaint lodged after delay of one day - Interim protection already granted to complainant - Conviction set aside...........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Kidnapping - Penetrative sexual assault - Age of victim - No conclusive proof regarding age of victim girl by producing hospital record or municipal record which was taken at the time of birth - Victim is more than 16 years as per ossification test and taking..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 419, 465, 466, 471, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Bail - Offence u/ss 409, 419, 465, 466, 471 IPC and Ss.13(1)(c), 13(1)(d), 13(2) of P.C Act - Socio-economic offence - Petitioner had joined the investigation as and when called by CBI - CBI not..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Statement of prosecutrix - Where FIR was lodged after about four months of incident and neither date, time nor place of incident have been mentioned, only on basis of uncorroborated prosecutrix's statement, accused cannot be held guilty for offence,..........
Indian Penal Code, 1860, Section 454, 354 -- Offence u/ss 454, 354 IPC - FIR lodged after delay of 25 hours that too without any explanation - Case seems to be counter blast of case lodged by accused against husband of complainant - Testimony of key witness did not support version of complainant and suffer from contradictions and inconsistencies - Prosecution failed to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Victim is employee, matured lady and working in Court and she would know consequences and legal remedies - Instead her keeping quiet for such a long time would make out a case for bail to petitioner - Petitioner is a first offender and one of relevant factors..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - False promise of marriage - Victim is a married lady having two kids - There cannot be a promise to marry when victim is in subsisting marriage - Anticipatory bail granted to petitioner with conditions...........
Indian Penal Code, 1860, Section 309, Kerala Abkari Act, 1977, Section 55(a) -- Offence u/s 55(a) of Kerala Abkari Act and S.309 IPC - Modification of sentence - Incident occurred 23 years ago - No criminal antecedents against accused - Sentence modified to S.I of one year with fine of Rs.1 lakh in default of payment of fine, to further undergo S.I of 6 months...........
