Absence of independent
witness, lack of weapon recovery, and pending civil dispute weaken prosecution
case; acquittal upheld.
Conviction modified as
prosecution failed to prove official duty of complainant at the time of the
incident.
Conviction modified as
evidence against one of the accused was unreliable, but the main accused was
found guilty of outraging the modesty of a minor.
Sentence Reduced-Conviction
modified as evidence did not establish penetrative assault.
Conviction-Conviction
upheld based on consistent testimony of the minor victim and corroborative
medical evidence.
Penetrative
sexual assault established through consistent medical and testimonial evidence.
Evidence supports an
attempt to commit rape rather than penetrative assault; conviction modified
accordingly.
Procedural defects in
filing affidavits can be rectified by submitting additional affidavits; failure
to reply to a notice does not invalidate SARFAESI proceedings.
Failure to properly
examine witnesses and CA report necessitates retrial for fair adjudication.
In the absence of
foundational facts, the burden cannot shift to the accused under Section 6 of
the POCSO Act.
Acquittal granted due to delay in FIR and inconsistencies in the victims statement.
Criminal proceedings
should not be quashed at a preliminary stage when doubts exist regarding the
necessity of sanction under Section 197 CrPC.
LOC issued without
specifying reasons is liable to be quashed.
Allegations
are vague and do not constitute an offense.
Absence of allegations
made in public view invalidates charges.
Utterances made in
judicial proceedings are protected, making prosecution unsustainable.
Lack of independent
evidence renders prosecution unsustainable.
Mental harassment and
cruelty are continuing wrongs and justify prosecution.
Mere attestation of a
document does not establish abetment to suicide.
FIR quashed as WhatsApp messages did not constitute
defamation under IPC or IT Act.
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