Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Victim is aged about 7 years and accused is her father - She did not support prosecution and stated that her father/accused never indulged in any wrong act with her nor she had made any statement to police - Even, scientific evidence does not corroborates prosecution..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Testimony of victim - Statement of victim is consistent right from time when she made initial statement u/s 161 Cr.P.C before police and thereafter u/s 164 Cr.P.C before Magistrate, till the time her deposition before trial Court - Victim successfully withstood the..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - DNA test report - DNA profile obtained from blood sample of accused matched completely with semen found on underwear of victim - More so, DNA profile obtained from handkerchief also matched completely with DNA profile of blood sample of accused which was recovered by..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of dead body of deceased - Place where dead body was recovered was already in the knowledge of police - Such evidence is not admissible in evidence, as on the basis of information given by accused u/s 27 of the Act, no fact was discovered...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Suspension of sentence during pendency of appeal - Contraband - Prosecution admitted that neither accused was found present at the crime scene nor any incriminating material or contraband was recovered from his possession - He has been made accused on the..........
Criminal Procedure Code, 1973, Section 451 -- Release of muddamal (Gold bar) - Court or Police would not be required to keep article in safe custody and if proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before Court during trial - Gold bar directed to be released on condition of furnishing..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - While summoning of accused who resides outside the jurisdiction of Court in terms of S.202 Cr.P.C, it is obligatory upon Magistrate to inquire into a case himself or direct investigation be made by a police officer to such other officer for finding out whether or not there is..........
Indian Penal Code, 1860, Section 304(Part I) -- Offence u/s 304(Part I) IPC - Accused has already served the sentence of 10 years and 7 months with remission - He would have lost his job because he was a police constable - Sentence of accused thus, reduced to period already undergone by him with fine of Rs.5000 with further sentence of S.I of 3 months in case of default of..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
