Indian Penal Code, 1860, Section 71, 363, 366, 376(2)(i)(n) -- Rape - Kidnapping - Accused convicted u/ss 363, 366 and 376(2)(i)(n), and awarded three separate sentences - Offences u/s 363 of IPC is squarely covered u/s 366 IPC, which is higher offence - In view of mandate u/s 71 of IPC, there is absolutely no need to award separate sentence u/s 363 of IPC as it has merged..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Aggravated penetrative sexual assault - Victim stated that she was in love with accused and willing to accompany accused and even celebrate their marriage - There was no external injury at her private parts - Prosecution not able to establish that there..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
Indian Penal Code, 1860, Section 366 -- Kidnapping - Mere abduction does not bring accused under ambit of penal section - S.366 IPC applies when woman abducted has no intention of marriage or lawful intercourse when abducted...........
Indian Penal Code, 1860, Section 366 -- Abduction - Accused did not force or induce victim to leave her matrimonial home but she left it due to harassment and torture inflicted on her by her husband - Victim is living at home of accused on her free will on request of wife of accused who was her friend - Essential ingredients of S.362 or even S.366 IPC are not fulfilled..........
Indian Penal Code, 1860, Section 376(2)(j), 376(2)(n), 366 -- Rape - Voluntary and consensual relationship - Uncertainty relating to age of prosecutrix raises a benefit of doubt in favour of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 366, 376, 302 -- Kidnapping, rape and murder - Enhancement of sentence - On the date of conviction accused was 27 years of age and he had a wife and small child as well as aged parents - He committed first offence and accused has no criminal antecedents - However, this is a case where a fixed term sentence for a period of 30 years must be..........
Indian Penal Code, 1860, Section 366, 342, 506 -- Kidnapping - On pretext of marriage - Evidence on record in no way reflects that accused had any intention to kidnap for the purpose of marriage - Accused and victim appear to have gone together to various places and may have married - Both victim and accused are married with their respective partners - Accused already..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix and accused desirous of marrying each other - Parents of accused have no objection to marriage - Bail granted to accused with conditions...........
