DNA: Since the specimen samples collected must have been consumed when the first DNA report was prepared and hence the supplementary and the first DNA reports are piece of trash paper
Section 8 of the Goa Children’s Act 2003 intent is to protect children against serious forms of abuse and not to criminalise minor
P.C Act: Reduced the sentence of appellant already underwent imprisonment for 31 years
Disposal of criminal cases more than 3 years involving offences punishable with imprisonment of upto 3 years pending at trial appeal or revision stage
Victim’s right to prefer an appeal includes right to prosecute an appeal hence heirs of legal heir can prefer appeal and prosecute
Though the criminal Court has no power to review or alter its own judgment or order Hon’ble Supreme Court has provided exceptions to section 362 Cr.P.C
Section 319 Cr.P.C is an exception to the general rule that the accused shall face trial only through a final report and if evidence implicating new accused court is duty bound to act on it
Even when incriminating circumstances were read over and questioned under Section 313 Cr.P.C the accused had failed to put forth his defense at the relevant point of time
Accused behaviour stems from internalised misogyny, which is a product of our male-dominated society and hence the Words spoken by the accused are excessively harsh and extremely sexually charged, likely to drive any 15 year old child to commit suicide
DON’T STRAY
Acquittal: Trial court did not question accused as per the mandate of section 313 Cr.P.C but in a mechanical manner which causes prejudice to the accused
Types of conduct of witnesses is explained in detail
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