Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix and accused desirous of marrying each other - Parents of accused have no objection to marriage - Bail granted to accused with conditions...........
Indian Penal Code, 1860, Section 376, 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482 -- Subsequent marriage of accused with prosecutrix would not dilute the offence under POCSO Act or under S.376 IPC - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(2)(n), 328, 343, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix went missing from home on 3.1.2021 and later on recovered on 9.1.21 - During this period, prosecutrix deposed, that nothing wrong had happened with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim was 16 years 5 months old and accused was 21 years old - She was recovered from the home of accused and is inhabited by other members of family of accused including his parents -..........
Indian Penal Code, 1860, Section 53, 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Death sentence - Gravity of crime was taken into consideration while imposing death sentence - Mitigating circumstances and probability of reformation and..........
Indian Penal Code, 1860, Section 363, 366A, 364, 346, 376D, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(g)(m), 6 -- Kidnapping, rape and murder of 11 years old girl - Circumstantial evidence - Medical evidence shows that prosecutrix was raped and killed - Accused and co-accused admitted their presence in the function where prosecutrix..........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 35 -- Offence u/ss 363, 366-A IPC and S.4 of POCSO Act - School leaving certificate - Prosecutrix herself admitted her age to be 19 years old - Father of prosecutrix who is source of entry in school leaving certificate has admitted that..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 366A, 344, 346, 376(DB), 120B -- Juvenile - Bail - Kidnapping and rape - Accused was a young boy aged less than 16 years on the date of incident - He was confined in observational home from last more than 2 years and 2 months - Accused does not have any criminal..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 370(4), 506, 120B -- Anticipatory bail - Kidnapping - Custodial interrogation of accused is required - Keeping in view nature, gravity and seriousness of offence, manner in which girl has been managed to be transported/travelled from Shimla to a remote village of U.P in an unorganized..........
Indian Penal Code, 1860, Section 366A, 363 -- Kidnapping - On pretext of marriage - Quashing of FIR - Prosecutrix was 17-1/2 years of age at the time of incident - There is no allegation whatsoever against accused - Main allegation was against co-accused but prosecutrix married him and had given birth to two children out of that wedlock - In absence of any allegation..........