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Latest AFR

1. No individual or group of individuals is permitted to take the law into their own hands under the guise of protest, demonstration, or expression of grievance. The rule of law mandates that disputes and grievances must be addressed strictly through lawful and constitutional means. Any act of intimidation, obstruction, or violence, particularly against public servants performing their statutory duties, strikes at the very root of the administration of justice. The discretionary relief of anticipatory bail is not meant to shield persons who, prima facie, appear to have participated in acts undermining public order and the sanctity of judicial institutions.

2. Preliminary assessment of Juvenile in conflict with law is mandatory
under Section 15of the Juvenile Justice (Care and Protection of
Children) Act, 2015, as and when he produced before the Juvenile
Justice Board, to examine whether the child is to be tried as an
adult, or not.

3. Section 41 of the Indian Forest Act, 1927 empowers the State to regulate transit of forest produce “by land or water”. The expression cannot be expansively interpreted to include railway transportation, which falls exclusively within the Union List. Any such interpretation would render the provision constitutionally infirm.

4. Testimony of a child victim, if natural, consistent, and trustworthy,
is sufficient to sustain conviction and does not require corroboration as
a rule of law. Allurement and taking of a minor from lawful guardianship
with intent to commit a sexual offence attract Sections 363 and 366 IPC.
Oral penetration by the accused squarely falls within the definition of
rape and penetrative sexual assault under law.

5. Memorandum of family arrangement is not required to be registered

6. Mere signing of a will as a witness would not per se amount to compliance of
Section 63 (c) of the Indian Succession Act, 1925, as ‘animo attestandi’.

7. The testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty in acting upon sole testimony of the victim of
sexual assault to convict the accused provided her testimony inspires confidence and is found to be reliable.

8. The Court cannot direct the legislature to enact a particular law for
reason that under the constitutional scheme Parliament exercises
sovereign power to enact law and no outside power or authority can
issue a particular piece of legislation.

9. The executive instruction cannot override the statutory
provision but they are meant to supplement the law or to carry
out the provisions of law.

10. Under S. 304-A IPC, no minimum sentence is prescribed. The sentence can
also be limited to fine without any term of imprisonment.

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