Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Victim was less than 12 years of age at the time of commission of offence - Terms `Galat kaam' and `sexual intercourse' used by her against accused have to be understood in the context of her understanding which definitely cannot be equated to be that of an adult or..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Requirement for at least stating that person who is responsible or in-charge for day-to-day conduct of business of company was also holding his office at relevant point of time when offence was committed - That part of averment whether person was holding office at time of..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Matter is amicably settled between parties and no grievance survived between them - Parties are residing in the same village happily and peacefully - Offence u/s 323 IPC is compoundable as per S.320(1) Cr.P.C - Compounding of offence u/s 323 IPC is permitted - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Difference of signatures - Cheque dishonoured for difference of signatures constitutes offence u/s 138 of the Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 452, 354, 504, 506 -- Quashing of Charge sheet - Offence u/ss 323, 452, 354, 504, 506 IPC - Disputed question of fact arising in the case, cannot be adjudicated by High Court at pre-trial stage - Genuineness or otherwise of allegations cannot be even determined at the stage of summoning..........
Criminal Procedure Code, 1973, Section 190(1)(b) -- Cognizance of offence on the basis of police report - Against a person not arraigned as an accused in police report or whose name also does not appear in column 2 of such report - Court can issue summons to such persons only if there are materials before Magistrate showing complicity of said persons - Materials need not..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 451, 506, 509, 120B, 34 -- Quashing of Charge sheet - Offence u/ss 323, 341, 451, 506, 509, 120-B, 34 IPC - Various uncontroverted allegations were made against accused - None of these allegations appear to be absurd or inherently improbable - There is no ground to exercise power u/s 482..........
Indian Penal Code, 1860, Section 386 -- Using word `straight shooter' in Whatsapp message does not refer to any violent activity or mean literally to shoot with a firearm - Offence u/s 386 IPC not attracted...........
Indian Penal Code, 1860, Section 386, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 386, 506 IPC - Quashing of FIR - FIR in question based on Whatsapp message sent by accused to complainant - However, a bare look at Whatsapp message would not indicate that complainant was put in fear of injury or there was any inducement to deliver property or valuable..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence adduced by victim and her mother has clearly established offence against accused - Non-production of wearing apparels of victim cannot destroy prosecution case when there was better evidence and medical evidence also supported fact that there was some lacerated abrasion over left arm of victim - No prior enmity..........
