Back
DELHI HIGH COURT
MUKTA GUPTA
Shyam Kumar – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Mukta Gupta, J. (Oral)--By the present revision petition, the Petitioner seeks setting aside of the order dated 1st March, 2016 passed by the learned Additional Sessions Judge framing charge against the Petitioner under Sections 363/366A IPC, Section 109 IPC read with Section 376D IPC and Section 17 read with Section 6 of Protection of Children against Sexual Offences Act, 2012 (in short 'POCSO Act'). The prosecution case springs out of FIR No. 78/2015 registered at PS Uttam Nagar under Section 363 IPC lodged by the mother of the prosecutrix.
2. After the prosecutrix was recovered, her statement was recorded under Section 164 Cr.P.C. wherein she stated:-
"I like a boy named Shyam Kumar who has a fracture on his right leg and cannot walk properly. Earlier also, I had gone to his house four times but there was no physical relation between us. Yesterday, on 17th January, 2015 at 7:30 A.M., I bunked my school and went to Shyam's house. When I told Shyam that I do not want to stay in my house, he said that I can stay in his house. Shyam's mother also admires me. Shyam called up Guddu, who is his friend, and told him that they need a place to stay at night. Till 7:30 P.M., we
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
