FIRST LAW

Penal Code, 1860 - Ss. 376 & 506 (1) - Protection of Children from Sexual Offences Act, 2012 - Ss. 4 & 6 -  Every criminal act of rape or an attempt thereof does involve an indecent assault. In order to amount to an attempt to commit an offence, the act of the accused must have proceeded beyond the stage of preparation. If the act of the accused does not constitute anything beyond preparation and falls short of an attempt, he may escape the liability under Sections 376 and 511 of the IPC, and may be liable to be convicted only for an offence amounting to an indecent assault. [Para 76]

Penal Code, 1860 – Ss. 363, 376(A), 302 & 201(II) - Protection of Children from Sexual Offences Act, 2012 – S. 6 - Evidence Act, 1872 – S. 27 - Court cannot reject the evidence merely based on the fault of the Investigating Officer in not preparing the inquest panchnama on the spot, particularly keeping in mind the recovery memo which were prepared on the spot.

Protection of Children from Sexual Offences Act, 2012 - In present scenario where day-by-day such type of crime continuously increased, reformative ideas are totally ineffective. Justice demands that the Court should impose punishment befitting the crime so that it reflects public abhorrence of the crime. [Para 34]

Penal Code, 1860 - Protection of Children from Sexual Offences Act, 2012 -  No person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.

Protection of Children from Sexual Offences Act, 2012 -  S. 29 -   Presumption -  It would come into operation only when the prosecution is first able to establish facts that would form the foundation.

Protection of Children from Sexual Offences Act, 2012 - S.29 -  Criminal Procedure Code, 1973 -  S.438 -  A nticipatory Bail - Presumption as to certain offences -  While considering the bail application the court has to taken into consideration the effect of the presumption envisaged under Section 29 of the Act.

Evidence Act, 1872 -  S. 35 -  Penal Code, 1860 -  Ss. 359, 363, 366, 366A, 375 & 376(2)(i) -  Protection of Children from Sexual Offences Act, 2012 -  Ss. 5(a)(i) & (I) r/w. 6 -  Kidnapping from lawful guardianship - A ge of the Victim Girl -  Prosecution has utterly failed to prove that the age of the victim girl was below the age of 16 years, insofar as offence punishable under Section 363 of the IPC and below the age of 18 years insofar as the offences punishable under Section 376(2) (i) of IPC and under Section 5(a)(i) and (I) read with Section 6 of the POCSO Act are concerned.