Protection of Children from Sexual Offences Act, 2012, Section 11(1), 12, Indian Penal Code, 1860, Section 509 -- Sexual harassment - Prima facie ingredients of offences in question have been made out by prosecution - Question as to whether accused had required sexual intent is a matter of evidence and the same will be available during trial alone - Discharge application..........
Indian Penal Code, 1860, Section 363, 366A, 346, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping and sexual assault - Victim stated that she left the house of her father on her own accord and joined the company of accused and solemnized marriage with accused on her own volition -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 452, 323, 354, 506, 509, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 452, 323, 354, 506, 509 IPC and S.25 of Arms Act - Serious allegations levelled against accused in the FIR - Accused is alleged to have trespassed into the property of complainant and threatened to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - When accused is involved in offences u/ss 21(c), 29 of NDPS Act, more than one occasion and when the quantity of contraband substance is much above the commercial quantity, then non-consideration of provision u/s 37 of NDPS Act, has to be taken as a very serious lapse...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg opium - Bail - Rigors of S.37 of NDPS Act do not apply, as recovery effected is intermediate quantity - Role of accused is similar to co-accused who were already granted bail - Pre-trial custody may not be justified at this stage - Bail granted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18B, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Recovery of 4.400 Kgs. of contraband opium - Contraband remained in the custody of preventive squad for about 24 hours without any legal action and during this period a long distance from one State to another was covered..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 25, 26 -- Confessional statements - Recorded by Police Officers which are part of charge sheet must be ignored and cannot remain a part thereof...........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and sexual assault - Compromise - Victim solemnized marriage with accused - Though marriage between parties do not satisfy the age criterion as laid down u/s 5 of Hindu Marriage Act, but such a marriage would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - On parity basis - Accused and co-accused were apprehended while they were carrying the contraband - Co-accused has already been granted bail - Accused is at par with co-accused and his further custody will not serve any meaningful purpose -..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Fight was amongst family members of A-2 - Deceased had come to the spot only to resolve the fight among family members of accused - There was no sudden and grave provocation due to any act on the part of deceased - Intention on the part of accused is proved, as he had gone back to the house to bring..........
