Showing : 1-10 of 122 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner is yet to be determined in totality of evidence collected on record by prosecution,..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V)-- Bail - Abduction and rape - Prosecutrix is major and married lady and she lived with accused for about 3 to 4 years as per own free will - Relations between prosecutrix and accused were consensual - Bail granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 313, 506, 120B, 34-- Bail - Rape case - False promise of marriage - Accused and prosecutrix lived together for some time and she became pregnant and aborted many times - Statement of prosecutrix already recorded - Without expressing any opinion on merits of case and keeping in view the fact that conclusion of trial..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Default bail - Charge sheet filed on 11.09.2017 which was 90th day - Charge sheet returned to be filed before Special Court - Charge sheet filed before Special Court and same was returned as it was incomplete - Charge sheet filed again on 20.03.2018 - From 11.09.2017 to 20.03.2018 no charge sheet..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354A, 452, Protection of Children from Sexual Offences Act, 2012, Section 4-- Bail - Rape case - Prosecutrix has taken u-turn before Court below during trial and not supported prosecution case - Even, all material PWs turned hostile - There is no reason to keep petitioner behind bars for an indefinite period during trial - Guilt of petitioner if any is yet to be proved in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 376C, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 27, 29, Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 376, 376-C of IPC and Ss.22, 27, 29 NDPS Act - Occurrence took place in the year 2013 and FIR and alleged medical came about after more than five years - Plea of consensual relationship - It does not appeal that prosecutrix was forced to snuff the contraband - No medical..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354-- Rape - Anticipatory bail - Allegation by prosecutrix-teacher that petitioner-school owner ravished her on various occasions - Innumerable criminal and civil litigation pending between management of school and its staff members - FIR registered on the very day when services of prosecutrix were..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 437-- Bail - Accused who is charge sheeted without arrest u/s 376 IPC or any other offence punishable with imprisonment for life or death may be released on bail u/s 437(1) Cr.P.C, provided there are no reasonable grounds for Court to believe that accused is guilty of offence punishable with..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4, 5(c)(f)(m), 6, 8, 9(c)(f)(m), 10, Criminal Procedure Code, 1973, Section 439-- Bail - Rape of 7 years old girl - While granting bail High Court converted adjudication of bail application to a mini trial - Impugned order granting bail set aside...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Bail - Kidnapping and rape - Prosecutrix specifically stated that she joined the company of accused with her own volition, without any pressure from the side of accused - Thereafter, she remained in the company of accused throughout the night - Record also reveals that in past prosecutrix was..........

Showing : 1-10 of 122 Results