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“As per the instructions in the advertisement, the respondent was duty bound to inform the petitioner about her being provisionally selected through an e-mail, which in the present case was received after the specified time period.”
“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 4731 of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”
Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.
‘As per initial statements of police witnesses, no specific act of incitement had been pointed out regarding Md. Haneef, which led to the registration of the original FIR.’
The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.
The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.