Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(wi), 3(2)(VA) -- Bail - Kidnapping and rape - Prosecutrix stated in her statement recorded u/s 161 Cr.P.C that she went with accused of her own will and accused had not done anything wrong with..........
Indian Penal Code, 1860, Section 363, 366, 342 -- Kidnapping - Victim herself followed accused while accepting his offer for watching a movie - Necessary ingredients of offences u/ss 363, 366, 342 IPC therefore, not made out from admitted allegations of prosecution - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 366 -- Kidnapping - As per testimony of victim, she was lured away by accused `C' and his wife and thereafter she was forced to marry accused `K'- In cross examination testimony of victim not discredited - Necessary ingredients of offence u/s 366 IPC made out - Conviction u/s 366 upheld...........
Indian Penal Code, 1860, Section 366 -- Reduction of sentence - Sentence of principal accused reduced to six months imprisonment and that of accused `C' reduced to period already undergone - Both the accused shall pay a fine of Rs.10,000/- in default of payment of fine, each of appellant shall further undergo one month's simple imprisonment...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Kidnapping and rape - Parties settled their disputes and entered into compromise - However, offence u/s 376(2)(n) IPC is no, compoundable offence, as offence is not personal in nature and it would affect society - Having regard to nature of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Statement of informant and victim shows that petitioner and co-accused were involved in commission of crime and they also participated in incident - Whether..........
Indian Penal Code, 1860, Section 363, 366, 342, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Marriage between parties - Quashing of proceedings - Victim and accused were in love with each other - Accused was aged only 18-19 years, which recognizes person as an adult in law,..........
Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
Criminal Procedure Code, 1973, Section 311, 313, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Rape and Murder - - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage of framing of charges..........
