Showing : 1-10 of 425 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 376D, 342, 120B-- Kidnapping and rape - Prosecutrix was running about more than 18 years of her age at the time of incident - It is not clear by prosecutrix how she came in company of accused and how accused branded a knife on her in order to abduct her - Prosecutrix stated that she was kept confined in a Jhuggi..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201-- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Deceased was last seen with accused and on earlier occasions too was seen being enticed by accused - DNA evidence using established STR technique has proved that accused committed sexual intercourse with deceased -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201-- Kidnapping, rape and murder of 13 years old girl - Death sentence - Can be awarded even in case based on circumstantial evidence...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201-- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly jumps from open statement to..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406-- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free consent or not is a subject matter..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 366-- Kidnapping - Statements of PW1 and PW2 shows that both are not eye witnesses and statements given by both of them come in the purview of hearsay evidence, which has no value - Prosecutrix was not examined before trial Court as she was dead at that time - Charge of offence u/s 366 IPC not proved -..........
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,..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Prosecutrix was below 16 years of age at the time of incident - Accused admitted that he took away prosecutrix, lived with her for a month and during that period he entered into sexual relationship with her - Though accused stated that prosecutrix consented for sexual..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Reduction of default sentence - Accused almost completed his substantive sentence - However, accused requested that default sentence is too excessive and same may be reduced - Default sentence in lieu of fine for offence u/s 376 IPC held, reduced from 1 year to 4 months and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 376(2)(f)-- Kidnapping and rape of 5 years old minor girl - Death sentence - Only circumstantial evidence against accused - Accused has become victim of his own past - It is thus, proper to impose sentence of total 25 years of imprisonment - Death sentence set aside...........

Showing : 1-10 of 425 Results