Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Indian Penal Code, 1860, Section 228A, 376, 376A, 376AB, 376B, 376C, 376D, 376E, Protection of Children from Sexual Offences Act, 2012, Section 33, 37 -- Disclosure of identity of victim - Rape victim or victims of sexual abuse - Death of victim or victim of unsound mind - Identity of said victim should not be disclosed even under authorization of next of kin, unless..........
Indian Penal Code, 1860, Section 228A, 376, 376A, 376AB, 376B, 376C, 376D, 376E, Protection of Children from Sexual Offences Act, 2012, Section 33, 37 -- Disclosure of identity of victim - Rape victim or victims of sexual abuse - FIR relating to offences u/ss 376, 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB or 376-E IPC and offences under POCSO shall not be put in..........
Criminal Procedure Code, 1973, Section 372, Indian Penal Code, 1860, Section 228A -- Appeal filed by rape victim or victims of sexual abuse - Identity of victim - It is not necessary for victim to disclose his/her identity and appeal shall be dealt with in the manner laid down by law...........
Indian Penal Code, 1860, Section 228A, 376, 376A, 376AB, 376B, 376C, 376D, 376E, Protection of Children from Sexual Offences Act, 2012, Section 33, 37 -- Disclosure of identity of victim - Rape victim or victims of sexual abuse - True identity of victims should not be disclosed, so that they are not subjected to unnecessary ridicule, social ostracisation and harassment -..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Non payment of amount due and payable under the agreement or not paying the amount in lieu of one month notice before terminating the agreement - By itself cannot be said to be cheating and/or having committed offence u/s 406 and 420 IPC - Dispute at the most can be said to be..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident happened in a heat of passion - Accused was counseled by deceased and his son to mend his ways and reprimanded him that as he was a jobless person and unless he would not have engaged himself in some constructive work, it was difficult for them to perform his marriage - Said counseling..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Test Identification Parade (TIP) - Delay of 55 days in conducting TIP - Murder case - Prosecution did not take any effort to arrest or interrogate accused for 6 weeks despite their involvement was brought to light - No reasonable explanation given for inordinate delay of 55 days in..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Incompatibility between post mortem report and FSL report - Post-mortem report describes that there were only two wounds in the body of deceased, one being entry and other exit wound - Allegedly a bullet was still recovered from ashes of deceased - FSL report shows that bullet was charred and blistered - This..........
Indian Penal Code, 1860, Section 302, 307, 149, 148 -- Murder - Defective investigation - Place of occurrence not ascertained - Prosecution failed to examine one person which was also injured in the same incident - No independent witness adduced by prosecution - Though charges u/s 307 IPC is framed but prosecution failed to substantiate the same by means of evidence -..........
