Indian Penal Code, 1860, Section 376, 506 -- Rape - Victim was 7 years old at the time of occurrence - Ocular evidence adduced on behalf of prosecution corroborated with medical evidence - Blood stained panty of victim and blood stained clay was proved - Statement of victim found trust worthy - Statement of parents of victim, who though not are eye witnesses, yet their..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of sentence - Victim was 7 years old and accused was 22 years old at the time of occurrence - Act of accused of committing rape of 7 years baby is abhorrent - Since rape was committed of a baby being below age of 12 years in the year 2004 and accused also uncle in relation, trial Court rightly convicted and..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Two kinds of defamation are libel and slander - In libel, the defamatory statement is made in some permanent and visible form, such as writing, printing, pictures or effigies - In slander, it is made in spoken words or in some other transitory form, whether visible or audible, such as gestures or inarticulate but..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Averments made in written statement filed in Court are publication of imputation...........
Indian Penal Code, 1860, Section 500, 499 -- Exception ninth - Defamation - Good faith is no defence if imputation is per se defamatory...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Intention to cause harm is most essential sine quo non for an offence as defined u/s 499 IPC...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation that father has been living in adultery with married daughter/complainant is per se defamatory - Evidence tendered by mother is not admissible to prove that accused incorporated imputation in good faith in written statement - Accused thus, not entitled to protection u/s 499 Explanation 4, Exception 9th..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Reduction of sentence - A-1 is 77 years old now and A-2 is 55 years old - Civil case regarding property is pending between father and accused and accused made imputation against their sister/complainant in written statement - Parties are closely related - Accused have been defending the case for last 16 years -..........
Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Prosecutrix herself admitted that she is about 20 years of age and got married with another person - No evidence on record to prove that prosecutrix was taken away from custody of her parents - Prosecution failed to prove that..........
Indian Penal Code, 1860, Section 323, 452 -- Offence u/ss 323, 452 IPC - Reduction of sentence - Incident is of the year 2004 and more than 16 years have elapsed - Minimum punishment is not prescribed u/ss 323, 452 IPC - It would be just and appropriate if sentence awarded to accused is reduced to period already undergone by him - Sentence reduced to period already..........
