Showing : 61-70 of 385 Results

UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Prosecutrix not supported prosecution case and declared hostile, as she stated that she had not developed any physical relations with accused - She further stated that she had gone on her own volition with accused and stayed with him voluntarily - Doctor who medically..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 342, 376D, 114-- Bail - Gang rape - Consent by prosecutrix under intoxication - Prima facie while considering post rape conduct of prosecutrix and her physical condition, it appears that she did not want to have sexual intercourse - However, if at all prosecutrix consented to it, said consent under intoxication is..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 366, 376, 342-- Summoning of additional accused - Revision filed against order summoning additional accused - In the mean time accused acquitted as prosecution case not proved - This order became final as no appeal filed thereagainst - Impugned order of summoning of additional accused quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366A, 376D, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Kidnapping and rape - Statement of prosecutrix - No evidence on record to prove that prosecutrix was minor on the date of incident - Prosecutrix in her previous statements exonerated accused and rather stated consensual relations with accused - However, after one month of incident prosecutrix..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
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 dismissed...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 363, 366, 372, 373, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12-- Bail - Case of trafficking under garb of marriage - Applicant and his agent took advantage of economic stringency of mother of complainant and had found them vulnerable and cheated complainant and ruined her life forever - Prima facie evidence on record is against applicant - Applicant does not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were extended to prosecutrix as well as her family members - Held, High Court should not have granted bail to accused ignoring all the material and substantial..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a discretion, unless it is found that the discretion itself is exercised on extraneous considerations and/or the relevant factors which need to be taken into..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking the judicial review of such an order, it needs to be examined as to whether there was arbitrary or wrong exercise of jurisdiction by the Court granting..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366-- Kidnapping - Quashing of FIR - Complainant herself admitted that FIR was lodged by her under some confusion and being misguided by certain relatives inimical to accused and also alleged that victim has retuned back along with relative in whose house she took the shelter of her own - Prima facie it..........

Showing : 61-70 of 385 Results