Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Compromise - Allegation against accused is that he committed rape upon victim who is minor - Prima facie offence of rape is made out against accused - Role of other..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Offence u/ss 363, 366A, 376, 120-B IPC & S.8 POCSO Act - No role specifically attributed to petitioner by victim in her statement u/s 164 Cr.P.C. and that all allegations have come about subsequently -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(D)(A), Protection of Children from Sexual Offences Act, 2012, Section 5(G), 6 -- Bail - Kidnapping and rape - Prosecutrix made no allegation against accused on the day when she was recovered - Subsequently under the pressure of her family she made allegation against accused - Bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping - Two contradictory statements by prosecutrix u/s 164 Cr.P.C, belatedly after 15 days of incident - FIR based on hear say - No corroborative medical evidence on record to established defilement of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 385, 464, 471, 472, 474, 120B -- Quashing of proceedings - Offence u/ss 363, 366, 385, 464, 471, 472, 474, 120-B IPC - Compromise arrived at between parties - Though offence in question are non-compoundable, but since compromise is arrived at between parties and complainant does not want..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Victim girl was more than 17 years old and was capable of understanding or answering questions put to her by Court - She was not kidnapped by taking undue advantage of her innocence - Charge..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 6 -- Bail - Offence u/ss 363, 366-A IPC and Ss.3, 4, 6 of POCSO Act - In absence of DNA report and the fact that prosecutrix not supported the case of prosecution while appearing in witness box and rather declared..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 365, 366A, 370A, 376D, 34, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 363, 365, 366-A, 370-A, 376-D, 34 IPC, S.6 POCSO Act and S.3 SC/ST Act - Prosecutrix and..........
Indian Penal Code, 1860, Section 363, 366A, 376(2)(n), 328, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 16, 17 -- Kidnapping and rape - Prosecutrix stated that she went with accused of her own free will and volition - No force, threat, coercion and duress was used by accused on prosecutrix - Prosecutrix was above 18 years of age as per various..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 341, 323, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Prosecution not established on record that accused was even seen with prosecutrix either on first date of incident or on second date of incident - Evidence on record shows that prosecutrix attended her classes in school..........