Indian Penal Code, 1860, Section 376, 511, 354 -- Nature of offence - Statement of victim shows that act of accused travels only upto offence defined u/s 354 IPC - Three witnesses mentioned in charge sheet not examined - Independent witness not examined though mentioned in FIR - Old enmity with complainant has also been pleaded by accused - There is no independent witness..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merely because a person is summoned u/s 319 Cr.P.C beyond the period of limitation, it cannot be said that cognizance is taken against him beyond limitation provided cognizance of offence has been taken within limitation...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely having an extramarital relationship may not be sufficient to prosecute a person for offence u/s 306 IPC - But when mental or physical cruelty is meted out to deceased for having an extramarital relation, then it would certainly amount to abetment of suicide...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For quashing of proceedings u/s 482 Cr.P.C, an accused has to prove that un-controverted allegations do not make out an offence...........
Criminal Procedure Code, 1973, Section 2(wa), 357A -- Victim - Child born to victim as a result of Sexual offence under POCSO Act is indeed her legal heir and also a victim in view of definition of `victim' - He must be adequately compensated for as it was accused who is responsible for bringing him in this world and then abandoning him at the mercy of an Orphanage...........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 376 -- Penetrative sexual assault - Determination of age of victim - Victim was a child and her age was 15 years at the relevant time as per oral evidence of Clerk of High School and documents corroborating his oral version - She was found to be pregnant of 8 months when she..........
Service -- Misconduct - Dismissal - Respondent was a constable in CISF allegedly abused, misbehaved and assaulted the officer on right shoulder with lathi - No indulgence or latitude can be granted when case is of violence and assault on the officer who had checked and reprimanded respondent - Respondent had not even expressed any remorse or pleaded a good ground for..........
Indian Penal Code, 1860, Section 379A, 411, 34 -- Offence u/ss 379-A, 411, 34 IPC - Conviction - Complainant in his cross-examination voluntarily stating that prior to lodging FIR he was not acquainted with names and identities of accused only after his seeing a footage of CCTV cameras as were installed at place of occurrence - However, best electronic evidence did not..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely being named in a suicide note would not by itself establish the guilt of an accused until ingredients of an offence are made out...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Issuance of threats three months prior to suicide without any positive act of aiding or instigating would not by itself create an offence u/s 306 IPC...........
