Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Plea of alibi - Victim aged about 15 years was confined in a room for a month by petitioners and two other co-accused and continuously gang raped by them -..........
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 438, Indian Penal Code, 1860, Section 323, 376(3), 376(D), 366, 366A, 376DA, 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 18 -- Anticipatory bail - Offence u/ss 323, 376(3), 376(D), 366, 366-A, 376-DA, 511, 506 IPC & Ss.4, 18 POCSO Act - Initial occurrence took place when victim was a minor - However,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366 -- Quashing of FIR - Compromise - Offence u/s 366 IPC - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - No useful purpose would be served by keeping criminal proceedings pending - FIR quashed...........
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..........
Indian Penal Code, 1860, Section 363, 366, 376D, 342, 120B -- Kidnapping and rape - Prosecutrix was running about more than 18 years of her age at the time of incident - It is not clear by prosecutrix how she came in company of accused and how accused branded a knife on her in order to abduct her - Prosecutrix stated that she was kept confined in a Jhuggi for two days,..........
Indian Penal Code, 1860, Section 366, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Sexual assault - Age of prosecutrix - Prosecution failed to prove that prosecutrix was a minor at the time of alleged incident - No proof of date of birth was filed by parents of prosecutrix - Testimony of mother of prosecutrix with regard to age of..........
Indian Penal Code, 1860, Section 366, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping - Sexual assault - Prosecutrix did not raise any alarm at any stage from time she left Delhi till she came back - FSL report does not corroborate prosecution story as semen was not detected on any of samples of prosecutrix - MLC of prosecutrix does not..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Deceased was last seen with accused and on earlier occasions too was seen being enticed by accused - DNA evidence using established STR technique has proved that accused committed sexual..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Death sentence - Can be awarded even in case based on circumstantial evidence...........
