The Supreme Court has observed…
The Supreme Court has observed that the claim of juvenility can be raised before any Court, at any stage, even after final disposal of the case. The bench of Justices Indira Banerjee and JK Mahseshwari observed that if the Court finds a person to be a juvenile on the date of commission of the offence, […]
On Thursday (9th December), the…
On Thursday (9th December), the Supreme Court opined that recovery under Section 27 of the Evidence Act would not be admissible if the disclosure statement was made in connection to a crime undergoing separate trial, especially when such statement was not made to the jurisdictional police officer. A bench comprising Justices U.U. Lalit, S. Ravindra […]
The Delhi High Court has…
The Delhi High Court has observed that the mere fact that recovery of Istridhan is to be made from a person cannot be the sole ground for arresting him for offences under Sections 498-A (related to dowry demand) and 406 (criminal breach of trust) of the IPC. Justice Subramonium Prasad observed that in such cases, […]
Rape – Penetrative sexual assault…
Rape – Penetrative sexual assault – Evidence of victim that accused inserted his male organ in the victim’s pudendum and pushed himself to penetrate would constitute rape u/s 375 IPC as well as Penetrative Sexual Assault as contemplated u/s 3 of POCSO Act. Contact Top Ranking Criminal Lawyers for POCSO and Rape Cases in Chennai […]
Cheating – Reduction of sentence…
Cheating – Reduction of sentence – Accused is 75 years old and has already undergone sentence of more than 6 months – Conviction of accused u/s 420 IPC is thus, maintained – However, sentence qua imprisonment of accused is reduced to period already undergone by him.
Anticipatory bail – Offence u/s…
Anticipatory bail – Offence u/s 366-A IPC and S.4 of POCSO Act – Sister of informant left her home at her own will and married with son of petitioners – There being an infant baby born out of wedlock and her desire to live with her husband – Petitioners ready to keep the girl in […]
Rape victim voluntarily having sexual…
Rape victim voluntarily having sexual intercourse with someone else is immaterial in deciding rape case. If the prosecutrix has opposed a sexual intercourse by any person, her disinclination or her refusal will tantamount to the male counterpart offending her physically and such intercourse committed against the will and the desire of the prosecutrix, would constitute […]
Cruelty – Wife filed complaint…
Cruelty – Wife filed complaint against husband after delay of 8 years – Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence – Even if there has been delay, if same is explained, such delay would not be significant.
