Showing : 111-120 of 410 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366, 368, 376, 380, 506-- Kidnapping and rape - Accused acquitted viz: (i) inordinate delay in lodging FIR unexplained, which raises doubt on credibility of prosecution case and chance of false implication; (ii) All witnesses except formal witnesses produced by prosecution are interested hence, their evidence cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366-- Kidnapping - Age of prosecutrix was less than 16 years at the time of incident - Allegation regarding commission of alleged offence duly proved on record on the basis of statements of PWs - Consent if any is immaterial and irrelevant in view of tender age of prosecutrix - Accused rightly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366A-- Kidnapping - Offence of kidnapping is made out only when there is either `taking' or `enticement' of minor...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366A-- Kidnapping - Prosecutrix herself admitted that she accompanied accused voluntarily as she wanted to marry him - She remained with accused for 8/9 days voluntarily - Prosecutrix also stated that accused did not commit any wrong with her - More so, age of prosecutrix was between 17 to 18 years, that..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Prosecutrix was enticed by accused and subjected to rape on the pretext of marriage - She was below 16 years at the time of occurrence and was removed from the lawful guardianship of her parents without their consent - Prosecutrix recovered from the house of DW1 - Promise of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape on the pretext of marriage - Reduction of sentence - Prosecutrix being a minor may not have acquired maturity to understand the implications of her actions - However, accused who had acquired age of maturity had no business to play with the sentiments of a child and abuse her..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 367, 120B-- Quashing of FIR - Minor girl underwent marriage with appellant against wishes of parents - Minor girl went with appellant voluntarily and there is no element of taking away or enticing a minor within the meaning of lawful guardianship which is an essential constituent for offence of kidnapping and..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366-- Offence u/ss 363, 366 IPC - Custody of victim - Marriage with her own volition - Medical opinion that girl is about eighteen years old - Victim not willing to go with her father - Husband is the natural guardian of wife - Nikahnama as proof of marriage filed which is not denied by victim - As wife..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6-- Kidnapping - Appeal against acquittal - Name of accused persons were first time disclosed by prosecutrix after her recovery - Prosecutrix did not level any allegation against accused but when her statement u/s 164 Cr.P.C. was recorded, she named these accused first time in the case - Held, keeping..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506-- Gang rape of minor girl - False implication - Defence taken by accused that they have been falsely implicated due to enmity deserves to be repelled as there is no evidence on record regarding any enmity between parties - Discrepancies if any in prosecution version being trivial and not material..........

Showing : 111-120 of 410 Results