Showing : 91-100 of 310 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366A-- Abduction - Prosecutrix herself denied the allegation that accused abducted her and she stated that she lived with him as per her own wish and from his loin, she gave birth to a male child - In such circumstances, it cannot be held that prosecution has produced cogent and reliable evidence to hold..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366-- Abduction - Consensual act - Age of the prosecutrix at the time of incident above 18 years as per medical evidence - Evidence on record shows that prosecutrix had moved from place to place with accused and she had voluntarily gone with accused - There was no inducement as such prosecutrix is..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 367, 342-- Abduction - Prosecutrix aged more than 41 years, earlier, left the house at her own will and went alongwith accused - Thereafter again prosecutrix left the house at her own will and lived with accused and a concocted and false story of abduction is knitted afterwards - No case is made out against..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Age of prosecutrix - Ossification test - Ossification report of prosecutrix reflects that she was between 15-17 years - Benefit of 2 years thus enures in favour of accused and prosecutrix should be treated as major...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Prosecutrix herself admitted that she willingly accompanied accused and had expressed her desire to marry him after completion of her education - She was travelling to different places using public transport with accused but no complaint was made to any passenger or to police..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 366-- Kidnapping of girl aged 17 years - Charge - No element of enticing and causing minor to go to any place disclosed as prosecutrix stated nothing that she had been enticed from the lawful guardianship of her father by accused or that she was kidnapped and taken away by him - Rather prosecutrix..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 376(2)(g)-- Kidnapping - Gang rape - Age of prosecutrix - Prosecutrix and her father deposed that age of prosecutrix to be less than 16 yearsat the time of occurrence - Both were subjected to cross-examination, but nothing fruitful elicited - To rebut the same, no evidence led by accused - More so, birth..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 376(2)(g)-- Kidnapping - Gang rape of minor girl - Testimony of prosecutrix - Prosecutrix categorically deposed that she was raped by both the accused turn by turn - She was over-powered by two grown up men and absence of any mark of injury is not a ground to disbelieve her - Delay of FIR properly explained -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363-- Kidnapping - Prosecutrix stated that accused `B' called her at the house of co-accused - It was accused `B' who was instrumental in taking prosecutrix out of lawful guardianship and was subjected to rape by both the accused - No error infindings of Court below in convicting the accused `B' u/s 363..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 363, 376(2)(g)-- Kidnapping - Gang rape of minor girl - Reduction of sentence - Offence of rape is an assault on human rights of a victim - It is an attack on her individuality - It is not only an offence but the act creates a permanent scar in the mind of victim - Prosecutrix was little less than 16 years of age,..........

Showing : 91-100 of 310 Results