Indian Penal Code, 1860, Section 363, 366, 376(2)(f) -- Kidnapping and rape of 5 years old minor girl - Death sentence - Only circumstantial evidence against accused - Accused has become victim of his own past - It is thus, proper to impose sentence of total 25 years of imprisonment - Death sentence set aside...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Kidnapping and rape - Prosecutrix left the house on her own free will - FIR lodged after a delay of 3 days - Mother of prosecutrix stated that she saw her daughter leaving and she called her but prosecutrix walked away and accused followed her - Prosecutrix remained with accused for more than a month and has gone to..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8 -- Kidnapping - FIR filed due to misunderstanding on part of informant - Victim was not minor on the date of incident - She already entered into marriage with accused with her own independent decision and now they are leading a happy married life - Continuance of..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 363, 366 -- Quashing of FIR - On basis of compromise - Offence u/ss 363, 366 IPC - Perusal of allegations in FIR reveals that case squarely falls in category of cases that can be quashed by High Court, in exercise of its inherent power u/s 482 Cr.P.C. - Continuation of criminal proceedings..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34 -- Kidnapping and rape - Age determination - Radiological examination - Margin of error is two years on either side - Benefit of age determination by ossification test goes to accused...........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34 -- Kidnapping and rape - Determination of age of prosecutrix - Bone age of prosecutrix was between 14.5 to 16.5 years - Margin of error in age ascertained by radiological examination is two years on either side - Since Court can add 2 years to age of prosecutrix, it would not be proper to assume and presume that..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34 -- Kidnapping and rape - Prosecutrix was not minor on the date of incident - She had voluntarily gone with accused as she never raised an alarm or tried to run away from place where she was allegedly kept by accused - Not only driver of vehicle in which accused allegedly taken away prosecutrix had identified her..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, 17, Prohibition of Child Marriage Act, 2006, Section 6, 17 -- Bail - Offence u/ss 363, 366, 376 IPC, Ss.6, 17 Protection of Children from Sexual offences Act, 2012 & Ss.6, 17 Prohibition of Child Marriage Act, 2006 -..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(F), (N), Protection of Children from Sexual Offences Act, 2012, Section 5(L)(N)(6) -- Kidnapping and rape - Age of prosecutrix - Admission form and record of school first attended by prosecutrix assume importance but the same was withheld from Court - Prosecutrix was hovering around the age of 18 years - As regarding..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3), Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Determination of age of prosecutrix - Kidnapping - Penetrative sexual assault - No material document on record which proves the age of prosecutrix as below 18 years - Even father of..........
