Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Conviction - No evidence has been deposed regarding sexual intercourse - The prosecution failed to prove, beyond all reasonable doubts, the fact that the victim was minor as on the date of occurrence - No effort was made by the prosecution to establish the..........
Criminal Law -- NDPS Act - Right to speedy trial - Application for regular bail was refused - Only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not..........
Criminal Law -- NDPS Act - Right to speedy trial - Application for regular bail was refused - Only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Indian Penal Code, 1860, Section 148, 149, 364A -- Nature of offence - S.363 of IPC punishes the act of kidnapping and S.364 thereof punishes the offence of kidnapping or abduction of a person in order to murder him - S.364A further adds to the gravity of the offence by involving an instance of coercive violence or substantial threat thereof, to make a demand for ransom -..........
Indian Penal Code, 1860, Section 148, 149, 364A -- Nature of offence - S.363 of IPC punishes the act of kidnapping and S.364 thereof punishes the offence of kidnapping or abduction of a person in order to murder him - S.364A further adds to the gravity of the offence by involving an instance of coercive violence or substantial threat thereof, to make a demand for ransom -..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - S.438(1) Cr.P.C. applies not only at post FIR stage, but it does not require that offence must have been registered - It is contemplated by said section that if a person is going to apply for anticipatory bail, he must have a reasonable belief that he may be arrested on accusation of having committed a..........
