Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), 3(1)(xi) -- Offence u/ss 3(1)(x), 3(1)(xi) of the Act - Incident occurred inside the house of victim and there was no public witness to the incident - All the independent witnesses turned hostile - Even, scene of occurrence was not clearly established by investigation - Offence in..........
Indian Penal Code, 1860, Section 294(b), 352, 354 -- Offence u/ss 294(b), 352, 354 IPC - False complaint was lodged due to previous enmity between parties - All the independent witnesses turned hostile - There is delay of more than two days in lodging FIR - PW1 had not whispered anything regarding utterance of caste word in public place or utterance of caste word in chief..........
Civil Procedure Code, 1908, Section 92 -- Suit for permanent injunction by Public Charitable Trust - Leave of Court to file suit u/s 92 CPC - S.92 CPC is not applicable to such a suit as suit does not relate to removal of a trustee, appointment of a trustee, direction to a trustee, account and enquiries of the trust, usage of the trust property for a particular purpose,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Recovery from a public place - There is thus, no need of compliance of mandatory provision of S.42 of the Act - Provision of S.43 of the Act is applicable...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time - Challan presented without FSL report - Reason for extension explained in the final report that FSL report had not been received - Provision of S.36-A(4) of NDPS Act insofar as the requirement of a report being made by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Applicability of S.42 of the Act - Search, seizure and arrest of accused was affected not by entering into any building conveyance or place but in a public place - S.43 of the Act is governing the power of seizure and arrest in public place - S.42 of the Act thus, not applicable...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) - Utterances if any made by accused were not in any place within public view - Basic ingredients of S.3(1)(x) of the Act was missing - Offence u/s 3(1)(x) of the Act not made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Accused might have abused complainant but such abuse by itself and without anything more does not warrant subjecting accused to face a trial, particularly clear ingredient of intentional insult of such a degree that it could provoke a person to break public peace or commit any other offence - Offence u/s 504 IPC..........
Consumer Protection Act, 1986, Section 2(1)(b)(iv), Civil Procedure Code, 1908, Order 1, Rule 8 -- Joint complaint - When similarly placed complainants jointly make complaint seeking very same relief, there is no question of O.1.R.8 CPC being complied with as they do not represent others, particularly when there is no larger public interest involved...........
