Indian Penal Code, 1860, Section 363, 354(A)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Kidnapping - Sexual assault - Identification of accused - Accused not identified by victim, her mother and her father - No substantive evidence regarding identification of accused in Court - No TIP was conducted in the case - Evidence of other witnesses..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A(2), 341 -- Anticipatory bail - Outraging modesty of woman - Delay of 2-1/2 years in lodging FIR - Delay in the matter of sexual offence though does not have much significance, but considering the fact that victim is a very educated lady, she should explain the delay satisfactorily -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A, 354, 377, 34 -- Quashing of FIR - Compromise - Matrimonial dispute - No useful purpose will be served in continuing with the proceedings - FIR and proceedings emanating therefrom quashed...........
Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Evidence of five years old victim - Victim identified accused in Court though she scared - She does not appear to be tortured witness - Ocular evidence of victim and her mother inspires confidence - Moreover, accused was caught by residents and handed..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Catching hold of hand of victim who did not know about any intention or object of accused in catching hold of her hand - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 354, 354D, 34 -- Outraging modesty of woman - Incident occurred in residential quarter of Medical Officer - However, statement of sole witness/medical officer has not been recorded - Complaint lodged after delay of one day - Interim protection already granted to complainant - Conviction set aside...........
Indian Penal Code, 1860, Section 454, 354 -- Offence u/ss 454, 354 IPC - FIR lodged after delay of 25 hours that too without any explanation - Case seems to be counter blast of case lodged by accused against husband of complainant - Testimony of key witness did not support version of complainant and suffer from contradictions and inconsistencies - Prosecution failed to..........
Indian Penal Code, 1860, Section 498A, 307, 354 -- Cruelty - Attempt to murder - None of PWs have stated that they had seen accused to misbehave and torture victim nor they have stated that accused at any point of time made complaint about alleged torture inflicted upon her by accused - Prosecution failed to establish charges levelled against accused - Accused rightly..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 354, 448 -- Sexual assault - Entering into house of complainant in her absence and her husband, by accused, touching body of victim girl and kissing her shows that accused had sexual intent - Act involves physical contact by accused with victim - Accused rightly convicted u/s..........
