Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6, Indian Penal Code, 1860, Section 366, 376(2)(n), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of victim - Date of birth certificate from School can be accepted as conclusive proof of age of victim in a criminal proceedings, in absence of evidence to..........
Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6, Indian Penal Code, 1860, Section 366, 376(2)(n), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of victim - Certificate issued by Principal of school where victim has pursued her Vocational Higher Secondary Course is relied upon by prosecution for..........
Indian Penal Code, 1860, Section 366, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6 -- Kidnapping and rape - Victim had eloped with accused and physical relationship of accused had with victim was consensual - However, since victim was aged about 15/1-2 years old at the relevant time, accused thus, is guilty of offence in question -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Evidence of father of victim was corroborated by a contemporaneous entry in her school records maintained in ordinary course of business which is more authentic and convincing piece of evidence with regard to her age - Failure to hold ossification test to determine age of victim does..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Version of victim that she was kidnapped, raped and detained against her Will by accused in the house of one `T' proved beyond doubt - Victim also stated that she was kidnapped for one and half month and was subjected to sexual intercourse on three or four occasions - Medical evidence also supported..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Modification of sentence - Accused has no criminal antecedents - Victim was marginally below the age of consent i.e 16 years - Sentence modified to R.I for 8 years and to pay fine of Rs.25,000/- and in default to suffer R.I. for 6 months on each count respectively u/ss 366, 376 IPC - However, sentence..........
Indian Penal Code, 1860, Section 363, 366, 376AB, 302, 201, 376A, Evidence Act, 1872, Section 3 -- Protection of Children from Sexual Offences Act, Ss.5(n), 6 - Rape and Murder - Circumstantial evidences - On date of incident itself there was a spat between parents of the deceased and accused - Even, accused and deceased were seen together - Onus u/s 106 Evidence Act was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Kidnapping and sexual assault - Applicants are parents of A-1 - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail..........
Indian Penal Code, 1860, Section 363, 366, 354, 506, 342, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366, 354, 506, 342, 120-B IPC - No criminal force was applied on the victim to outrage her modesty and she was not forced by accused to marry her - Victim was 18 years old as per medical certificate and thus, she was major grown up girl and had..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix and her mother not supported prosecution case - FIR lodged after 6 months of incident - Prosecutrix stated that she filed the complaint at the instance of her brother and sister - Doctor stated that prosecutrix has given history of rape being committed on her before 5 to 6 months, but she..........
