Indian Penal Code, 1860, Section 376, 417, 419 -- Rape - False promise of marriage - Love affair between parties - Promise to marry by cousin brother - Prosecutrix must be in full knowledge of fact that such marriage would never occur - Prosecution failed to substantiate charges levelled against accused beyond reasonable shadow of doubt - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 376, 506, 120-B IPC and S.3 of SC&ST Act - Statement of young prosecutrix has been recorded and that proceedings before trial Court have been stayed in quashing petition..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix disclosed her age to be about 30 years - She admitted to have had continued physical relationship with accused for several years on the hope of marriage - Moreover, accused is not having any criminal history - There is no likelihood of early conclusion of trial -..........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - No injury on person of prosecutrix - Chances of absence of injury marks on person of prosecutrix as prosecutrix examined after 18 days of incident - Cannot give any benefit to accused...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - Minor discrepancies in the statement - Cannot be made a ground for allowing appeal against conviction in view of specific statement of prosecutrix with regard to commission of rape...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape on pretext of marriage - Live-i, relationship between parties - Petitioner never promised prosecutrix that he will marry her - He never made any obscene video of prosecutrix with him nor had ever threatened her - Prosecutrix has stated in FIR that petitioner forced..........
Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Quashing of proceedings - Though on the basis of statement by prosecutrix and her mother, possibility of accused being acquitted cannot be ruled out - But at the same time, possibility of conviction can also not be ruled out as trial..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420 -- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Pre arrest bail - Offence u/ss 363, 376 IPC, Protection of Children from Sexual Offences Act, 2012, Ss.5(l), 6, Juvenile Justice (Care and..........
