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Independent Thought vs Union Of India on 11 October, 2017

Per contra, learned A.G.A. has submitted that as per School Leaving Certificate/Transfer certificate, the date of birth of the victim is 8.7.2001 and on the date of incident she was minor and therefore in view of the decision of Hon'ble Apex Court passed in the case of Independent Thought Vs. Union of India, reported in (2017)10 SCC 800 the victim being minor on the date of incident as such offence under section 363, 366 &376 I.P.C and 3/4 of POCSO Act is made out against the applicant and the entire proceeding can not be quashed.
Supreme Court of India Cites 138 - Cited by 172 - M B Lokur - Full Document

The State Of U.P. vs Sarvjeet Son Of Raj Keshore Gupta And ... on 4 April, 2005

The applicant has filed this application under section 482 Cr.P.C. with the prayer to quash the entire proceedings of Session Trial No. 1395 of 2019 as well as charge sheet NO. 257 of 2019 dt. 1.6.2019 and cognizance order dated 18.10.2019 under section 363, 366 & 376 I.P.C. and 3/4 of POCSO Act, State of U.P. Vs. Raj Gupta, arising out of case crime No. 727 of 2019, P.S. Chakeri, District Kanpur Nagar pending in the court of A.D.J.. 22 Kanpur Nagar.
Allahabad High Court Cites 12 - Cited by 13 - M C Jain - Full Document

R. P. Kapur vs The State Of Punjab on 25 March, 1960

Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.PC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.)
Supreme Court of India Cites 17 - Cited by 15811 - J C Shah - Full Document
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