Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Indian Penal Code, 1860, Section 506 -- Offence u/ss 3, 4 of POCSO Act and S.506 IPC - Reduction of sentence - Accused was 20 years of age at the time of incident - It cannot be said that there is no possibility of reform in him - Medical report of victim shows that she did not sustain some alarming..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 302, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Juvenile - Bail - Murder - No specific role of juvenile shown in impugned order of rejecting bail application - Impugned order set aside - Bail granted to..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Prosecutrix was undergoing period of menstruation at the time of incident - Plea of consent thus, not tenable, as factum of menstruation of prosecutrix heavily stands on way of entertaining plea unless of course evidence on record being examined from all angles go to show all the circumstances of wilful and voluntary..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix as to role of accused practically remained unshaken and no other circumstance appears therefrom or from other evidence to doubt her testimony - Prosecutrix undergoing period of menstruation at the time of incident - Testimony of prosecutrix is reliable and trustworthy - Prosecution proved its case -..........
Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased was found near Tube-well in village at the time of inquest - Medical evidence shows that death might have occurred due to ante-mortem injuries at that time - Accused in his statement u/s 313 Cr.P.C has stated that witnesses gave false statement, but he did not suggest as to why PWs gave false statements..........
Indian Penal Code, 1860, Section 392, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 393, 34 IPC - Offence in question is serious and heinous in nature - FIR cannot be quashed by High Court merely on the basis of compromise in exercise of its inherent powers u/s 482 Cr.P.C - Moreover, petitioners whether or not are guilty of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 120B -- Bail - Kidnapping - Criminal conspiracy - Victim is not recovered till date - Court find no good reason to exercise discretion in favour of accused - Taking into account evidence brought on record as well as complicity of accused but without commenting merits of case, accused cannot..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 32 -- Death sentence - Issuance of warrant for execution of death sentence before expiry of period for filing of special leave petition/an appeal against order of conviction - Issuance of warrant for execution of death sentence is contrary to law - Issuance of warrant for execution of death sentence..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Matrimonial dispute - Compromise - Nothing to indicate lack of bona fide - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 326, 354, 448, 506, 149 -- Compounding of offence - Offence u/ss 323, 326, 354, 448, 506, 149 IPC - Signatures of complainant/victim not found in application seeking compounding of offence - Offence u/s 326 IPC is no, compoundable - There was no prayer by accused seeking leave of Court to..........
