Showing : 71-80 of 414 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 362, 366, Criminal Procedure Code, 1973, Section 482-- Kidnapping - Quashing of FIR - Prosecutrix prima facie minor at the time of incident - Consent of prosecutrix therefore, immaterial - Prosecutrix herself stated in her statement that she gave birth to a child from accused - No ground made for quashing FIR - Petition for quashing dismissed...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 363, 366, 372, 373, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12-- Bail - Case of trafficking under garb of marriage - Applicant and his agent took advantage of economic stringency of mother of complainant and had found them vulnerable and cheated complainant and ruined her life forever - Prima facie evidence on record is against applicant - Applicant does not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking the judicial review of such an order, it needs to be examined as to whether there was arbitrary or wrong exercise of jurisdiction by the Court granting..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were extended to prosecutrix as well as her family members - Held, High Court should not have granted bail to accused ignoring all the material and substantial..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6-- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a discretion, unless it is found that the discretion itself is exercised on extraneous considerations and/or the relevant factors which need to be taken into..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366-- Kidnapping - Quashing of FIR - Complainant herself admitted that FIR was lodged by her under some confusion and being misguided by certain relatives inimical to accused and also alleged that victim has retuned back along with relative in whose house she took the shelter of her own - Prima facie it..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 120B-- Discharge - Kidnapping and rape of minor girl - Prima facie allegations made out against accused to proceed with the case - Sufficient grounds on record for presuming that accused committed the alleged offence - Consent of prosecutrix not material, as prosecutrix was minor on the date of incident..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Medical Termination of Pregnancy Act, 1971, Section 3, Indian Penal Code, 1860, Section 366A, 376, 417, Protection of Children from Sexual Offences Act, 2012, Section 4, 5-- Termination of pregnancy - Consent of father - Kidnapping and rape - Victim girl though minor at the time of incident but major on the date of production before High Court - She was not willing to terminate her pregnancy and even person responsible for such pregnancy also submitted that he married..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366-- Summoning of additional accused - Offence u/ss 363, 366 IPC - Neither cross-examination of witness is required before summoning additional accused nor any categorical finding that in all likelihood person summoned may be convicted, is necessary before exercising such power - Argument that proposed..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366-- Kidnapping - Marriage with own free will and volition - Both the parties are major and a major girl is free to marry anyone she likes or live with anyone she likes and in case she is now married and residing with petitioner, then no offence has been committed by her - Moreover, Court proceedings..........

Showing : 71-80 of 414 Results