Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of proceedings - Kidnapping - Parties are married for past 8 years and blessed with four children - Informant accepted the said marriage and does not wish to prosecute the case founded on FIR lodged by her - Looking to stand taken by informant, permitting prosecution to..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 366, 376, 120B -- Summoning of additional accused - Offence u/ss 366, 376, 120-B IPC - Story put forth by prosecutrix in statement recorded u/s 164 Cr.P.C. is nothing but absolute creation of imagination - Moreover, it is a case of a mature married woman, married against her wishes, eloping with..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - Prosecutrix remained with accused for 10 days at a stretch - During that period accused used to go outside after putting a lock on the door of room - Toilet was situated near the room and prosecutrix used to go to that toilet daily - It is highly improbable that prosecutrix would remain in room all alone and..........
Indian Penal Code, 1860, Section 363, 368, 366, Evidence Act, 1872, Section 106 -- Kidnapping of two minor girls - Burden of proof - Accused kidnapped two minor girls on rickshaw - No evidence or circumstance pointing fact that two minor girls were ever seen in company of any other person after their disappearance with accused on rickshaw - Imputation of causing..........
Indian Penal Code, 1860, Section 363, 368, 366 -- Kidnapping of two minor girls - Nature of sentence - Two minor girls were proved to be kidnapped by accused - Whereabouts of two missing girls not known till now - Accused should not be given any latitude as that would adversely affect interest of justice - Sentence awarded by trial Court is thus, proportionate to offence..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Kidnapping and rape case - Prosecutrix changing her statement and naming different persons at different stages - Only one accused was involved in the crime and no challan was..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Reduction of sentence - Offences committed u/ss 363, 366, 376 of IPC - Incident relate back to year 2012 when appellant was 22 years old - Appellant already undergone sentence for more than 5 years, out of maximum sentence of 7 years awarded to him - To meet the ends of justice, sentence awarded to appellant reduced to..........
Indian Penal Code, 1860, Section 363, 366, 376(A), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6, 42 -- Kidnapping, rape and murder of eight years old girl - Independent witnesses seen deceased in the company of accused before incident - Statements of independent witnesses duly corroborated by medical evidence as well as forensic reports -..........
Indian Penal Code, 1860, Section 363, 366, 376(A), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6, 42 -- Kidnapping, rape and murder of eight years old girl - Death penalty - Rarest of rare case - Accused taken advantage of young age of deceased and committed rape upon her causing her death - Deceased as a result of rape undergone acute pain and..........
Indian Penal Code, 1860, Section 363, 366, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366, 506 IPC - Quashing of proceedings - Petitioner No.1 and 2 both are major and now married each other - FIR quashed...........
