Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - Minor discrepancies in the statement - Cannot be made a ground for allowing appeal against conviction in view of specific statement of prosecutrix with regard to commission of rape...........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 17, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366 IPC and S.17 of POCSO Act - Quashing of FIR - Prosecutrix found major by Doctors who conducted her ossification test as per order of Court - Medical report of prosecutrix is based on complete..........
Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Quashing of proceedings - Though on the basis of statement by prosecutrix and her mother, possibility of accused being acquitted cannot be ruled out - But at the same time, possibility of conviction can also not be ruled out as trial..........
Indian Penal Code, 1860, Section 363, 366, 120B -- Kidnapping - Accused solemnized marriage with prosecutrix and both were major at the time of marriage - Prosecutrix herself stated that she has gone of her own and she is not seduced by anybody - Prosecutrix even stated that her father lodged false FIR - Ossification test assure that prosecutrix is major - Marriage of two..........
Indian Penal Code, 1860, Section 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape of minor girl by juvenile - Sole testimony of prosecutrix - Testimonies of parents of prosecutrix are hearsay - Contradictory statement was given by prosecutrix - Medical evidence also belies the story propounded by PWs, as marks of resistance..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 506 -- Anticipatory bail - Kidnapping and rape - FIR filed as counter blast to complaint made by petitioner against some police officials - There was dispute between petitioner and complainant with regard to dishonour of certain cheques to which petitioner filed complaint u/s 138 of N.I..........
Indian Penal Code, 1860, Section 366 -- Abduction - Mere abduction not sufficient for an offence u/s 366 IPC - It must be proved that accused abducted woman with intent to compel her to marry against her will or to force or seduce her to illicit intercourse...........
Indian Penal Code, 1860, Section 366 -- Abduction - Once necessary intent of accused is established, offence is complete, whether or not accused succeeded in effecting his purpose and whether or not woman consented to marriage or illicit intercourse...........
Indian Penal Code, 1860, Section 366 -- Abduction - Evidence on record shows that complainant and accused were in relationship which was known to their families also - Primary allegation is that accused took complainant forcibly to his house - But it was not with intent to seduce her to illicit intercourse - Statement of being molested by complainant at the hands of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Second petition u/s 482 Cr.P.C. based on subsequent developments - Second petition is maintainable...........
