Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 6, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile in conflict with law - Murder case - Imposition of life imprisonment - Appellant did not raise plea of juvenility either before trial Court or before High Court - Appellant raised claim before Supreme Court..........
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Sale to third person - Non return of advance amount of Rs.Twenty Five lacs - At this stage it cannot be concluded as to whether accused had no intention of cheating the complainant at the time of entering into agreement with them - Factum of intention of..........
Criminal Procedure Code, 1973, Section 389 -- Appeal - Suspension of sentence - Bail - Offence u/ss 302, 394, 201 & 411 IPC - Case virtually a case of no evidence - No one was named in FIR - Appellant is said to have been roaming near the place where dead body of deceased was recovered - There is some recovery of Tora and Safi but no connecting evidence has been produced..........
Indian Penal Code, 1860, Section 379, 411, 420, 467, 468, 471 -- Negligence in discharge of official work - At the most it amounts to dereliction of duty but not an offence - Complaint quashed...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Word `relative of husband' in S.304-B IPC would mean such persons, who are related by blood, marriage or adoption - A relative who is not related to husband either by blood or marriage or adoption cannot be prosecuted u/s 304-B - However, he may be prosecuted u/s 306 IPC, in case the allegations constitute offence..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Presumption as to - Held, for purpose of S.304-B IPC, a presumption can be raised only on proof of - (a) Death of woman took place within seven years of her marriage; (b) Such death took place not under normal circumstances; (c) Woman was subjected to cruelty or harassment by her husband or his relatives; (d) Such..........
Indian Penal Code, 1860, Section 304B -- Dowry Death - Deceased died within seven years of her marriage due to burn i.e not in normal circumstances - Eye witnesses specifically stated in their statements about harassment of deceased by accused in connection with demand of dowry - Deceased also telephonically complained about harassment - Prosecution thus proved that there..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 41 -- Offence u/s 498-A IPC or u/s 4 Dowry Prohibition Act or an offence punishable with imprisonment for a term which may be less than seven years or which may extend to sever years, whether with or without fine - Accused not to be arrested unnecessarily..........
Criminal Procedure Code, 1973, Section 41 -- Arrest without warrant - For ensuring that police officer do not arrest accused unnecessarily and magistrate do not authorise detention casually and mechanically, Supreme Court issued the following directions: (a) All State Governments to instruct its police officers not to automatically arrest when a case u/s. 498-A IPC is..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Presumption as to - Held, for purpose of S.304-B IPC, a presumption can be raised only on proof of - (a) Death of woman took place within seven years of her marriage; (b) Such death took place not under normal circumstances; (c) Woman was subjected to cruelty or harassment by her husband or his relatives; (d) Such..........
