Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of prosecutrix - Age of prosecutrix not determined as per documents produced on record - Radiological age of prosecutrix determined between 17 to 18 years - Though it is correct that age determined on basis of a radiological examination may not be accurate determination and..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Conviction - Parties subsequently compromised - Complainant married to another person and they are living happily and they have no complaint against accused - Sentence of accused thus, modified to the period already undergone by him - However, accused shall pay a fine of Rs.2 lakhs...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 365, 34 -- Anticipatory bail - Kidnapping - Victim boy not traced so far - Six months prior to incident accused threatened complainant that he will be made issueless and even three months prior to incident also, accused had gone to school of victim and called him outside the school but he did..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 363, 365 -- Grant of bail - Appeal - Murder - Allegations against accused are very serious in nature and apprehension expressed by complainant party that accused may misuse freedom and try to subvert prosecution and threaten witnesses and family members of complainant cannot be brushed aside..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Sentence - Prosecutrix and accused, both adolescents having love affair - She left her parent's house voluntarily without any force - Both of them stayed together for around 10 days and nature of sexual intercourse was consensual - Moreover, accused already undergone imprisonment for 2 years 9 months -..........
Indian Penal Code, 1860, Section 363, 367, 376(2)(f), 302, 201 -- Death sentence - Court to consider the cumulative effect of aggravating factors as well as mitigating circumstances - It is primary duty of Court to balance the two - Both aspects namely aggravating and mitigating circumstances have to be given their respective weightage - Court has to strike the balance..........
Indian Penal Code, 1860, Section 363, 367, 376(2)(f), 302, 201 -- Death sentence - Kidnapping, rape and murder of four years old minor girl - Accused raped the deceased and brutally murdered her by causing injuries to her with the help of stones - Jail record of accused without any blemish - While in jail accused completed Bachelors Preparatory Programme and also completed..........
Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Rape with minor - Appeal against conviction - Accused took advantage of their social relations with victim and took her to another house and committed rape - As per testimony of father of victim, her school master and birth records as well as testimony of radiologist, age of victim was below 16 years - Therefore, plea..........
Indian Penal Code, 1860, Section 363, 376, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Kidnapping and rape - Determination of age of prosecutrix - As per Birth Certificate and Middle School Certificate prosecutrix was below 16 years of age - Ossification test also..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was missing from home but FIR was lodged almost after expiry of 11 days - No explanation offered for such delay - Recovery of prosecutrix by his brother and friends also creates a cloud of suspicion as the person who informed brother of prosecutrix that his sister was at his place, not..........
