Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Suspension of sentence during pendency of appeal - Kidnapping and rape - Accused undergone 1 year, 3 months and 13 days of imprisonment - Prosecutrix in her statement stated that she had gone with accused with her..........
Indian Penal Code, 1860, Section 362, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Prosecutrix prima facie minor at the time of incident - Consent of prosecutrix therefore, immaterial - Prosecutrix herself stated in her statement that she gave birth to a child from accused - No ground made for quashing FIR - Petition for quashing..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Domestic Violence Act - Limitation - S.468 Cr.P.C. is not applicable as it comes into picture only when a breach is committed in complying the protection order passed on the application u/s 12 of the Act...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Right to continue appeal by near relative - Though no time limit is fixed for filing an application by near relatives to come on record - However, S.394(2) Cr.P.C. provides for a period of 30 days for filing an application for leave to continue appeal - Period of filing an..........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Appeal does not abate on the death of appellant/accused - Near relatives of appellant would be entitled to come on record and continue to prosecute the appeal - If nobody comes forward to continue to prosecute the appeal, appeal can be closed as abated - However, abatement..........
Criminal Procedure Code, 1973, Section 394 -- Abatement u/s 394(1) Cr.P.C. is absolute - However, abatement u/s 394(2) Cr.P.C. is qualified and it is subject to proviso therein...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Right to continue appeal by near relative - However, if nobody comes forward, nothing prevents State from recovering the fine...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Appellate Court is not bound to dispose of appeal on merits, even after death of appellant and even if no near relative applies to appellate Court to come on record to challenge the sentence of fine...........
Criminal Procedure Code, 1973, Section 394 -- Appeal against sentence of fine - Death of accused - Right to continue appeal by near relative - However, if near relative do not file an application to come on record, Court shall consign the appeal to record room - Consigning appeal to record room is only for purpose of enabling the near relatives to approach the Court to..........
Criminal Procedure Code, 1973, Section 394, 386 -- Appeal - Death of appellant - Pleader's engagement by appellant would come to an end on the death of appellant...........
