Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - FIR lodged against unknown person - Victim left parental home on her own sweet will and had gone with accused and solemnized marriage with him, which is evident from her statement..........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Determination of age of prosecutrix - Date of birth given in certificate provided by Principal of College cannot be conclusive proof of exact date of birth of prosecutrix, as the same is based upon declaration given by parents of prosecutrix at the time of her admission...........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Age of prosecutrix - When exact age of prosecutrix could not be determined and only basis for conviction is that prosecutrix was below 18 years, though her evidence on record prove that she consented for going with accused to all places and also for sexual intercourse with accused, benefit of doubt..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Quashing of order - Order sending victim to Nari Niketan - Kidnapping and rape - It is not clear that victim was sent to Nari Niketan on her wishes and it is also not clear that any application was moved by..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Accused and victim are major and have entered into nuptial knot - High School Certificate indicate petitioners are major - Police authority must determine veracity and authenticity of the documents and to assess first the age and then free will of the victim - In case it is found that victim of her own free will..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 109 -- Anticipatory bail - Kidnapping and rape - Prosecutrix in her statement recorded u/s 164 Cr.P.C on two occasions clearly implicated accused by stating that she was kidnapped by him whereafter she was taken to some unknown place and subjected to forcible sexual assault - She has not..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Victim had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will - S.366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman -..........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Abduction - Prosecutrix herself stated that on the date of incident she has turned major and has voluntarily joined the company of accused due to having love affair between them - She stated that accused has done nothing wrong with her or against her will -..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim and accused solemnized marriage with each other out of their own volition and are living together for the last 2 years - Mere fact that accused was not above 21 years would not render the marriage void - More so, on the date when matter is being..........
