Showing : 161-170 of 436 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372-- Appeal by victim - Enhancement of sentence and grant of compensation - Maintainability - Offence u/ss 363, 366-A IPC and S.6 of Protection of Children From Sexual Offences Act, 2012 - S.372 Proviso Cr.P.C. grants right to victim to prefer an appeal against any order passed by lower Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6-- Kidnapping - Appeal against acquittal - Name of accused persons were first time disclosed by prosecutrix after her recovery - Prosecutrix did not level any allegation against accused but when her statement u/s 164 Cr.P.C. was recorded, she named these accused first time in the case - Held, keeping..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506-- Gang rape of minor girl - Age of prosecutrix - Father of prosecutrix is the best witness to prove the age of prosecutrix - Opinions of dental surgeon or radiologist are mere opinions and they cannot tell the exact age of a person - Where no other cogent evidence is produced, opinions formed by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506-- Gang rape of minor girl - Medical evidence - Merely because there was no fresh external mark of injury on the body of prosecutrix at the time of examination since the prosecutrix was medically examined after 5 days of occurrence, it cannot be said that rape itself is not proved - As evidence of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506-- Gang rape of minor girl - Delay of 5 days in lodging FIR - Prosecutrix being frightened could not disclose the incident to her parents immediately and after 5 days she reported the matter to her parents and thereafter FIR was lodged - Same explanation offered by prosecutrix when she appeared..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506-- Gang rape of minor girl - False implication - Defence taken by accused that they have been falsely implicated due to enmity deserves to be repelled as there is no evidence on record regarding any enmity between parties - Discrepancies if any in prosecution version being trivial and not material..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366A, 376-- Summoning of additional accused - Kidnapping and rape - Complainant and prosecutrix both stated that petitioners were involved in crime - Petitioners arranged everything including money for accused and they forcibly got prosecutrix married to accused - Even call details of mobile of accused were..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366, 506, Criminal Procedure Code, 1973, Section 482-- Kidnapping - Quashing of FIR - Victim was minor on the date of commission of offence - It cannot be said that no cognizable offence is made out if allegations in FIR are taken to be true - Moreover, victim before Court below expressed her desire to go with her father which belies the story of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366A, 120B, 506-- Kidnapping - Criminal conspiracy - No evidence with regard to conspiracy or connivance - No independent evidence with regard to prove involvement of accused in the alleged offences - Acquittal upheld...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376d, 506, 201-- Bail - Kidnapping and rape - Physiological report of prosecutrix found to be indicative of border line mental retardation followed by 25% intellectual impairment - It made the prosecutrix although more vulnerable and a soft target - More so, prosecutrix was living with her mother due to strained..........

Showing : 161-170 of 436 Results