Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 302, 307 -- Compensation to victim - Murder - Considering conduct of State who did not conduct the case fairly and also trauma and harassment faced by victim's family, in addition to compensation awarded u/s 357 Cr.P.C, further compensation u/s 357-A IPC is to be awarded - State directed to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 354(A), Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of FIR - Rape case - Victim has not furnished any information in regard to date and time of commission of alleged offence - Investigation has been completed and charge sheet is ready to be filed - In..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 34 -- Age of victim - Determination - School transfer certificate cannot be relied upon to hold that victim was below 18 years at the time of commission of offence, as it did not answer to description of any class of documents mentioned..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 34 -- Age of victim - Determination - Documents produced i.e. a transfer certificate and extracts of admission register of school are not what S.94(2)(i) of JJ Act mandates nor are they in accord with S.94(2)(ii), as there were no records..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Aggravated penetrative sexual assault - Victim stated that she was in love with accused and willing to accompany accused and even celebrate their marriage - There was no external injury at her private parts - Prosecution not able to establish that there..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual offence - Victim was less than 12 years at the time of commission of offence - On the date of commission of offence R.I for 10 years was minimum sentence prescribed for offence u/s 6 of the Act - Special Court rightly punished accused u/s 6 of the Act and sentenced him to..........
Indian Penal Code, 1860, Section 366, 342, 506 -- Kidnapping - On pretext of marriage - Evidence on record in no way reflects that accused had any intention to kidnap for the purpose of marriage - Accused and victim appear to have gone together to various places and may have married - Both victim and accused are married with their respective partners - Accused already..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - Correctness of last seen version emanating from PW8 becomes doubtful and prosecution has miserably failed to prove the alleged motive - In such circumstance, though the deceased had met with a homicidal death it cannot be said that the rest of the circumstantial evidence culled out by the courts below..........
Protection of Women From Domestic Violence Act, 2005 -- Proceedings under the Act - Examination of witnesses - Imposing cost of Rs.10,000/- per witness - Not open to Court to impose such onerous condition, upon appellant, who claims to be a victim of domestic violence - Order imposing cost for examination of every witness set aside...........
