Showing : 51-60 of 407 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 506-- Discharge - Kidnapping and rape - Dispute as to real age of prosecutrix - There is grave suspicion whether on date of occurrence prosecutrix was major or minor - Age of prosecutrix has to be determined as per R.12 of Juvenile Justice Rules, 2007 - Therefore, trial Court committed no illegality in..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3-- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused already acquitted - Petitioner is lady and ready to surrender before trial Court - Without expressing any opinion on merits of case, petitioner released on bail - Bail granted...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6-- Third bail application - Kidnapping and rape - Earlier two bail applications of accused dismissed before examination of prosecutrix - No definite opinion about sexual assault committed on prosecutrix in her medical report - Accused is in custody for more than a year - Without expressing anything..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366-- Kidnapping - Appeal against acquittal - Prosecutrix in her testimony unequivocally stated that she went of her own - Merely because accused with other two persons was last seen together would itself not be sufficient to convict accused - Key witness of the case turned hostile - Moreover, no..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Abduction and rape - Prosecutrix was more than 16 years of age on date of incident as per her own admission and other evidences on record - She admitted that she stayed with accused for two and half months and despite having opportunity did not complain anybody in this regard - Moreover,..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 366, Prohibition of Child Marriage Act, 2006, Section 9, Protection of Children from Sexual Offences Act, 2012, Section 6-- Kidnapping - Child marriage - Sexual intercourse - Prosecutrix was child in terms of POCSO Act on date of occurrence - Accused kidnapped prosecutrix, married her and had sexual intercourse with her on several occasions due to which she got pregnant - Act of accused is squarely covered under..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 366, Prohibition of Child Marriage Act, 2006, Section 9, Protection of Children from Sexual Offences Act, 2012, Section 6-- Kidnapping - Child marriage - Sexual intercourse - Quantum of sentence - Accused was 23 years of age at time of occurrence and has no bad antecedents - He was in love with prosecutrix and because of that he took her, married her and had sexual intercourse with her - Accused has no criminal record..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 366, 376(2), 506(I), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)-- Kidnapping and rape of 15 years old girl - Glaring inconsistencies found in statement of prosecutrix and her mother about occurrence of alleged incident, which has not been satisfactorily explained by prosecution - Moreover, prosecutrix made improvements in her statement - Even there are major..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2017
Details
Ranbir Penal Code, 1989, Section 366, 375, 376-- Rape and abduction - No evidence on record that prosecutrix resisted during her rape - Even, police not seized any material supporting occurrence of rape from hotel room - Medical evidence proved prosecutrix to be more than 19 years of age and capable of understanding consequences of said act -..........
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..........

Showing : 51-60 of 407 Results