Indian Penal Code, 1860, Section 366 -- Abduction - In order to constitute the offence of "abduction", a person must be carried off illegally by force or deception, i.e to compel a person by force or deceitful means to induce to go from one place to another...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 34 -- Quashing of proceedings - Abduction - Victims were not abducted nor were they coerced to travel in the vehicle - They are major and victim went voluntarily with accused - There is no allegation of kidnapping or abduction of victims by prosecution - Even, there is no case for victims..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Bail - Kidnapping and rape - Victim and accused both are minor and they fled away and got married and remained in..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 8 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Conduct of accused - PWs 1, 2, 3 & 5 when returned to their place of residence after searching the deceased, accused informed..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 27 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Recovery of dead body of deceased - Dead body of deceased was made from a place which cannot be said to be accessible to an..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 3 years old girl - Death penalty - Accused is a young person aged about 23 years old at the time of commission of offence - He was studious and hardworking - It is the first offence committed by accused..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 34, Protection of Children from Sexual Offences Act, 2012, Section 5(L) -- Kidnapping and rape - Determination of age of victim - Prosecution has not proved the date of birth of victim by examining school Head master/teacher - Even the ossification test was not conducted - Moreover, when prosecution itself had filed a..........
Indian Penal Code, 1860, Section 366, 376, 419 -- Kidnapping and rape - Victim stated that she had gone with accused because accused proposed to her to marry and she had accepted the proposal - She had already attained sufficient maturity at the relevant time of occurrence - Evidence of victim girl failed to inspire confidence to the effect that she was ever kidnapped and..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Evidence in the case was recorded after 6 years of incident - Accused alleged to have accompanied main accused, who had passed away during trial - Allegations against accused are that they had positively made prosecutrix sit on the motorcycle and taken her to village - Prosecutrix stayed with main..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Mother of prosecutrix mentioned the age of prosecutrix to be 20 years - Even, in statement u/s 164 Cr.P.C, prosecutrix has mentioned that her age is 20 years - Offences u/ss 363, 366 IPC are not made out...........
