Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of victim - Accused can be convicted on the basis of sole testimony of victim, provided testimony of victim inspires confidence...........
Indian Penal Code, 1860, Section 363, 376(2)(i), 379, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Testimony of victim - Victim was 12 to 14 years of age at the time of incident - Testimony of victim is corroborated by her earlier statement before Magistrate recorded u/s 164 Cr.P.C, which was in terms of S.157 of Evidence Act -..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Attempt to rape - No injury was found on the body of victim - Prosecution utterly failed to establish that clothes of victim and accused were properly taken, properly stored and properly transmitted to FSL - Chain of custody of the same has not been established..........
Indian Penal Code, 1860, Section 302 -- Murder - Minor deficiencies/inconsistencies/contradictions in the evidence let in by prosecution, cannot be considered as remissness in the investigation enabling the appellant's acquittal, particularly, when appellant was present with a gun at the scene of occurrence, when gun and empty cartridge were recovered based on information..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died due to injuries sustained by firing of bullet - PW1 and PW2 clearly demonstrated in their deposition that accused were having weapons and on exhortation by other accused, appellant shot the deceased - Source of light in the scene of crime was explained by PW2 in his evidence - Evidence of PW3 proved that..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - There is allegation that petitioner beat on the cheek of minor victim and kicked him down and the same made sufferings to the child - It is also alleged that, mother of victim shared common intention with the petitioner herein in doing the said overt acts, prima facie - Offence punishable u/s 323 r/w..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Offence u/s 75 of the Act - Petitioner does not have actual charge or control over the child - Therefore, offence punishable u/s 75 of JJ Act would not attract as against petitioner, though the same would attract against the other accused, who being the mother of victim, has actual charge or..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413, 2(y) -- Victim - When damage/loss claimed to have been suffered by accused is not the direct consequence of accusations constituting the crime in question, such a person cannot be treated as a victim in law, for the purpose of remedy contemplated in the proviso to S.413 BNSS...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Rape - Victim is a minor girl aged about 14 years - Applicant is the father of victim - Victim identified applicant as principal offender who trafficked her for money - Offence in question is grave and..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413Proviso -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant was victim of crime as defined u/s 2(y) of BNSS - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed..........
