Showing : 31-40 of 385 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6-- Abduction and rape - Determination of age of prosecutrix - School leaving certificate is on record for proving age of prosecutrix - However, there is no reliable evidence to vouch for truth of said certificate - Person who issued the same and source from where it was taken, not examined or proved..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6-- Abduction and rape - Sole testimony of prosecutrix - Prosecutrix in her statement recorded u/s 164 Cr.P.C. stated that she had gone of her own, but later she retracted from her statement for obvious reason that she succumbed to pressure of her parents - More so, prosecutrix changed three vehicles..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
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...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 342, 376, 376(2)(N), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5L, 6-- Kidnapping and rape - Prosecutrix aged 18 to 20 years solemnized marriage with accused - Moreover, prosecutrix went with accused on her own free will - Bail granted to accused...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Age of prosecutrix was 18 years at the time of incident - Prosecutrix denied her medico legal examination at the first instance and after a lapse of 3 months accorded consent for the same - It caused prejudice to the prosecution case - Testimony of victim is most unnatural,..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 363, 366, 376D-- Juvenile - Bail - Kidnapping and rape - Gravity of offence is not a ground to deny bail to a juvenile/accused, unless conduct of accused is such to indicate that in all likelihood, after being released on bail, accused will indulge into more crimes - If there are no imminent chances of his..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 366, 376, 341-- Abduction and rape - Prosecutrix had no occasion or motive to falsely implicate accused for grave offence of rape - By launching prosecution, she faced a risk of putting her own reputation in society at stake - Defence set up by accused that he is falsely implicated due to money dispute between..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 366, 376, 341-- Abduction and rape - Reduction of sentence - Accused does not have any criminal antecedents - Age of prosecutrix was 53 years of age at the time of offence - No injuries were suffered by prosecutrix during her alleged ravishment by accused - Accused not indulged in any vicious physical violence..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 70, Indian Penal Code, 1860, Section 376(2)(g), 366-- Arrest warrants - Rape case - Case was thoroughly investigated by police and a detailed negative final report was filed by police - Trial Court was not justified in issuing warrants of arrest against petitioners while taking cognizance against them - Order issuing warrant of arrest quashed and..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366, 376, 120B-- Kidnapping and rape - Version of prosecutrix that she was subjected to forceful intercourse without her consent which contains material contradictions, improvements and omissions and does not inspire confidence and cannot be believed - Even medical evidence does not support prosecution story - No..........

Showing : 31-40 of 385 Results