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Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1. Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration. Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content. Legal Profession — Autonomy and Independence — Administration of Justice — Role of Lawyers — Article 19(1)(g) of the Constitution of India — Impact of direct summons to defence counsel by Investigating Agencies on the autonomy of the legal profession and the independence of the administration of justice — Need for judicial oversight.

Criminal Procedure Code, 1973 (CrPC) – Section 406 – Delhi Special Police Establishment Act, 1946 – Section 6 – Transfer of CBI case – Once a State Government issues notification transferring investigation to CBI, for all intents and purposes, CBI is entitled to exercise the same powers as State Police, in relation to investigation transferred to it

  AIR 2011 SC 1549 : (2011) CriLJ 997 : (2010) 12 JT 641 : (2011) 1 RCR(Criminal) 120 : (2010) 12 SCALE 199 : (2011) 1 SCC 307 :…

Criminal Procedure Code, 1973 (CrPC) – Section 161 – Statement to police – Delay in recording – Delay of 13 days in recording statement of informant, who allegedly lodged FIR within half an hour of incident – In this case of murder there was a delay of almost 13 days in recording the statement of the informant under Section 161, Cr.P.C. Moreover, the High Court found the explanation given by the Investigating Officer rather unconvincing.

  AIR 2005 SC 762 : (2005) CriLJ 892 : (2005) 1 JT 89 : (2005) 10 SCC 399 : (2005) AIRSCW 359 : (2005) 1 Supreme 263 SUPREME COURT…

Constitution of India, 1950 – Article 32 -Conduct of the investigation – A complaint by the Finance Minister that ‘N’ was an agent of foreign intelligence agency and was indulging in anti national activities and had built up a business empire of Rs. 300 crores within a period of nine years, a decision was taken that the matter needs to be probed

  (2013) 13 SCALE 201 : (2014) 1 SCC 93 SUPREME COURT OF INDIA RATAN N. TATA — Appellant Vs. UNION OF INDIA (UOI) AND OTHERS — Respondent ( Before…

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