Showing : 131-140 of 324 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 506-- Kidnapping - Reduction of sentence - Lenient view - Appellant has no criminal background and is facing agony of trial since lodging of FIR and has undergone actual custody for a period of 10 months - More so, no minimum sentence is provided for offence committed u/s 363 IPC - Sentence reduced to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 376, 506-- Kidnapping and rape - Age of prosecutrix was less than 18 years at the time of incident on the basis of School certificate - However, it is not clear as to how date of birth was got entered in school record - More so, prosecutrix had travelled with accused at different places and nothing has come..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape on the pretext of marriage - Reduction of sentence - Prosecutrix being a minor may not have acquired maturity to understand the implications of her actions - However, accused who had acquired age of maturity had no business to play with the sentiments of a child and abuse her..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Prosecutrix was enticed by accused and subjected to rape on the pretext of marriage - She was below 16 years at the time of occurrence and was removed from the lawful guardianship of her parents without their consent - Prosecutrix recovered from the house of DW1 - Promise of..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366-- Offence u/ss 363, 366 IPC - Custody of victim - Marriage with her own volition - Medical opinion that girl is about eighteen years old - Victim not willing to go with her father - Husband is the natural guardian of wife - Nikahnama as proof of marriage filed which is not denied by victim - As wife..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6-- Kidnapping - Appeal against acquittal - Name of accused persons were first time disclosed by prosecutrix after her recovery - Prosecutrix did not level any allegation against accused but when her statement u/s 164 Cr.P.C. was recorded, she named these accused first time in the case - Held, keeping..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 363, 376(2)(g), 120B-- Abduction and gang rape - Conspiracy - Prosecutrix resiled from her earlier statement in which she supported the prosecution case and stated that she had given her earlier statement under pressure of police - However, if earlier statement of prosecutrix is scrutinized, there is no allegation of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506-- Gang rape of minor girl - Delay of 5 days in lodging FIR - Prosecutrix being frightened could not disclose the incident to her parents immediately and after 5 days she reported the matter to her parents and thereafter FIR was lodged - Same explanation offered by prosecutrix when she appeared..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506-- Gang rape of minor girl - False implication - Defence taken by accused that they have been falsely implicated due to enmity deserves to be repelled as there is no evidence on record regarding any enmity between parties - Discrepancies if any in prosecution version being trivial and not material..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506-- Gang rape of minor girl - Age of prosecutrix - Father of prosecutrix is the best witness to prove the age of prosecutrix - Opinions of dental surgeon or radiologist are mere opinions and they cannot tell the exact age of a person - Where no other cogent evidence is produced, opinions formed by..........

Showing : 131-140 of 324 Results