Showing : 471-480 of 1936 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B-- Default bail - For grant of default bail, Court has to see the maximum awardable punishment and not the minimum awardable punishment...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B-- Default bail - Offence u/ss 376, 506, 120-B IPC - Maximum sentence that can be awarded u/s 376 IPC is life imprisonment - Challan can be filed within 90 days - However, Magistrate wrongly allowed bail after 60 days, as Court has to see maximum awarded punishment not the minimum awarded punishment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B-- Default bail - Wrongly allowed - Revisional Court rightly remedied the error by cancelling the bail...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376-- Rape - After performance of marriage under threat - Remaining in touch with accused after rape speaks otherwise that prosecutrix was a consenting party to the sexual intercourse - Prosecutrix smiling in marriage photographs and statement of prosecutrix that "for this marriage there was no fear or..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v)-- Rape of married woman - Accused allegedly committed rape upon prosecutrix on the point of country made pistol - Caste derogatory words also used against prosecutrix and his family in case any action is taken - However, medical evidence shows that three injuries were found in the body of victim but..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506-- Anticipatory bail - Rape - False promise of marriage - Accused had sexual intercourse with prosecutrix by giving false assurance of marriage but subsequently backed out from the same - Act of accused falls squarely under the definition of rape as he had sexual intercourse with prosecutrix by..........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 511-- Rape and attempt to rape - Distinction - When an attempt to penetrate is made, but no penetration takes place, it can be said to be an attempt to rape - But when an attempt to penetrate is made and a slight penetration takes place, the same would constitute rape...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376(2)(f), 354-- Nature of offence - Accused allegedly removed the clothes of prosecutrix, sat on her back and put his fingers into her private parts - No evidence of rape deduced from the medical examination of prosecutrix, as act of penetration of sexual organ by accused in the vagina of prosecutrix is missing -..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 366A, 376G, Protection of Children from Sexual Offences Act, 2012, Section 5, 6-- Offence u/ss 366-A, 376-G IPC and Ss.5, 6 of POCSO Act - Cognizance of offence - Trial Court rejected final report submitted by police while taking cognizance of offence and summoned the petitioners through arrest warrants - However, case was thoroughly investigated by senior police officers and a..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15, Juvenile Justice (Care and Protection of Children) Rules, 2007, Section 5(3)-- Juvenile - Offence u/ss 363, 342, 366-A, 376 IPC - Dereliction of duties by Presiding officer - Presiding officer, who headed the Board on relevant dates acted in an absolutely casual and perfunctory fashion while conducting inquiry - Proper quorum was not complete - Appellate Court rightly..........

Showing : 471-480 of 1936 Results