Indian Penal Code, 1860, Section 302, 149, 147, 148, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Petitioner was 12 years 5 months old on the date of incident - Victim died as a result of multiple injuries caused by use of knife as well as lathis - No specific role attributed to petitioner - Petitioner has suffered..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 5(m), 8, 7, 10, 9(f), 9(k), 9(m) -- Aggravated penetrative sexual assault - Victim girl who was deaf, mute and physically handicapped was less than 11 years of age - Medical examination of child reveals no injuries on child - Contradictions and inconsistencies in the oral evidence of witnesses irreparably..........
Criminal Procedure Code, 1973, Section 156(3), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 27(9) -- Direction to register FIR by Child Welfare Committee - Child Welfare Committee is not empowered to direct police to register FIR - Child Welfare Committee is only empowered to forward a report to Juvenile Justice Board or to concerned police..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
Indian Penal Code, 1860, Section 354, 511, 323, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of women - Quashing of proceedings - Complaint has been lodged out of mala fide intention after a lapse of 15 days from the date of lodging of FIR by applicant No.1 against husband and..........
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - FIR was lodged by victim's mother on the basis of information given by victim - Two witnesses have witnessed the alleged incident as per FIR but during course of trial they did not support prosecution version and turned hostile - Even victim herself did..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Former suit is protection against eviction while subsequent suit is for declaration of title - Provisions in S.10 CPC not applicable...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - S.12 of the Act provides mandatory bail to a juvenile in conflict with law unless grounds provided u/s 12 Proviso of the Act is present - Juvenile should be reformed, rehabilitated and not punished - Bail is a rule and jail is an exception - Bail granted to juvenile...........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Non-delivery of possession - Compensation - Possession of plot was to be handed over within 24 months of sanction of service plans of entire colony as per agreement - Admittedly, no offer for possession was made until the year 2018 - Respondent invoked clause 7 of Agreement and allotted an alternative plot to..........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Failure to prove age of victim has weakened prosecution's case under POCSO Act - Conviction of accused persons under POCSO Act is liable to be set aside...........
