Non-Maintenance of Form F Records Is Springboard for Foeticide: P&H HC Upholds 80-Year-Old’s Conviction under PCPNDT Act
“Non-maintenance of records is springboard for commission of offence of foeticide, not just a clerical error.”
“Non-maintenance of records is springboard for commission of offence of foeticide, not just a clerical error.”
The Supreme Court’s direction ensures that UBS Switzerland AG will be protected from ex parte adjudication in Indian criminal proceedings. This safeguard will remain in place until the Court examines the issue of serving notice through diplomatic channels.
“When the injured is silent about the involvement and role of the respondents, then under these circumstances, the statements of other witnesses hardly make any difference.”
“To convict the accused under Section 363 IPC, two things are to be established beyond reasonable doubt, one that she was below the age of 18 years and other would be that she was taken away from her lawful guardianship without consent of the guardians.”
The Court directed the State to requisition and submit the case diary and relevant documents before the next date of hearing.
“Sanction of the Government, to prosecute a public officer, for any act related to the discharge of official duty, is imperative to protect the public officer from facing harassive, retaliatory, revengeful, and frivolous proceedings.”
The Court stated that when considering the material produced, it appears improbable that the accused persons’ visit to the police station was solely to fabricate evidence.
The proceeding u/s 125 CrPC. is summary in nature in which only prima facie it has to be seen that the applicant is the wife of opposite party. It is a social legislation enacted for protecting the wife, minor children, and parents of a person from vagrancy and destitution.
Even if the proceeding was ex-parte against the petitioner, still the required affidavit was to be filed by the wife so as to find out her assets/liabilities/source of income etc.
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