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IMPORTANT POINTS
(1) Victim of sex trafficking, particularly a minor, is not an accomplice and her deposition is to be given due regard and credence as that of an injured witness – Judicial appreciation of victim’s evidence must be marked by sensitivity and realism.
(2) Determination of age – Age determined through Ossification Test is a mere approximation and cannot be held to have better probative value than a certificate issued by school. ,19 Dec 2025
Supreme Court of India
IMPORTANT POINT
Dishonour of cheque – In exceptional circumstances, Court may take notice of attending circumstances to conclude that continuance of proceedings would amount to abuse of process of Court, or where quashing of proceedings is necessary to secure ends of justice. ,19 Dec 2025
Supreme Court of India
IMPORTANT POINT
Recall of witness – Though power under Section 311 of Cr.P.C. is wide, it is to be exercised sparingly and only when evidence sought is indispensable for arriving at truth. ,19 Dec 2025
Supreme Court of India
IMPORTANT POINTS
(1) Investigation of an offence is a long, winding road – It is full of ups and downs – Legal proceedings frequently intersect with investigation and affect its pace and direction.
(2) Directing time bound investigation must remain exception rather than norm – However, Constitution does not permit investigations to remain open-ended.
(3) Precedent – Only those facts that bear direct nexus to legal principle applied constitute material factual substratum of precedent. ,19 Dec 2025
Supreme Court of India
IMPORTANT POINT
Life imprisonment till end of natural life – Power to grant remission and commutation under Sections 432 to 435 Cr.P.C. cannot be curtailed by Sessions Court – Power of alternate sentencing to cover hiatus between 14 years and death, cannot be applied by Sessions Courts – Sentence of life imprisonment cannot be directed to be till end of natural life, by Sessions Court. ,18 Dec 2025
Supreme Court of India
IMPORTANT POINT
Murder and disappearance of evidence – Whenever any doubt emanates in mind of Court, benefit shall accrue to accused and not prosecution – Conviction only on the basis of last seen together cannot be sustained. ,18 Dec 2025
Supreme Court of India
IMPORTANT POINT
Suspension of sentence and release on bail – Benefit of suspension of sentence can be granted only in exceptional cases more particularly so in cases involving conviction under Section 302, IPC. ,18 Dec 2025
Supreme Court of India
IMPORTANT POINT
Rape and murder – Multiple ante-mortem external injuries are indicative of assault and rape. ,17 Dec 2025
Supreme Court of India
IMPORTANT POINT
Rape – Conviction can never be based on FIR or statement of witnesses recorded during course of investigation – Investigating Officer cannot indirectly prove what witnesses have failed to prove. ,16 Dec 2025
Supreme Court of India
IMPORTANT POINTS
(1) Doctrine of delay and laches do not apply to a continuing cause of action.
(2) Pay Scale – Parity – Financial implications and administrative convenience cannot override constitutional guarantees against arbitrary discrimination – State, being Model Employer, cannot plead its own inefficiency or negligence to deny legitimate rights to its employees. ,16 Dec 2025
Supreme Court of India
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