Indian Penal Code, 1860, Section 363, 366, 376 -- Rape - Age of prosecutrix - No direct evidence - Ossification test revealing age of prosecutrix between 14-16 years - Benefit of fluctuation upto 2-3 years, must go to accused - Age of prosecutrix held to be 18-19 years - Prosecutrix on her statement proved to be a willing party - Evidence of prosecutrix not supported by..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping of girl - Age - 15 years in School Leaving Certificate - Age certified to be 19 years by Chief Medical Superintendent - Opinion of doctor only expert opinion and not conclusive - Conduct of City Magistrate who directed doctor to examine girl about her age not approved - FIR not to be quashed - Investigating Officer to..........
Indian Penal Code, 1860, Section 363, 366, 506 -- Major girl - Leaving her parental home and marrying major boy of her own free will - Both being adults the law does not prohibit them to love each other - They have a right to live with dignity and honour and make their life meaningful - This is their constitutional right under Articles 19 & 21 - FIR quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 368, 376, 120B, 148, 149 -- Abduction and rape case - Evidence showing that prosecutrix was roaming about with one of accused earlier to abduction - Prosecutrix aged 23/24 years - Two accused already granted bail - Bail allowed...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 363, 366 -- Offence u/s 363/366 IPC - Girl left the house of her parents of her own and with her own consent she was married with the petitioner and she living happily with the petitioner - Occurrence took place when she was 17 years of age - Parties allowed to compound the offence - Modern trend..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction - Rape - Sentence - Prosecutrix 15 years of age - She remained with the accused appellant for 4-1/2 months at different places - Held that even if she had consented to sexual intercourse with the appellant the case would still be one of rape - Appellant aged 20 years at the time of occurrence and married having a..........
Indian Penal Code, 1860, Section 366, 376 -- Rape - Testimony of prosecutrix contrary to her statements recorded u/s 161, 164 Cr.P.C. - Considerable delay in FIR - Accused previously known to prosecutrix - No injury on body of prosecutrix - Photograph of prosecutrix with accused not indicating of her unwillingness - Prosecutrix concealing her marriage with main accused -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping, abduction and rape - Prosecutrix alleged to be kidnapped and taken to various places and subjected to rape by accused - No evidence that prosecutrix was less than 18 years of age at the time of incident - Prosecution did not produce even a single person of various places where prosecutrix was taken - No evidence..........
Indian Penal Code, 1860, Section 365, 366, 376, Criminal Procedure Code, 1973, Section 164 -- Abduction and rape - Statement of prosecutrix u/s 164 Cr.P.C. that she was major and went with accused of her own accord - Bail granted...........
Indian Penal Code, 1860, Section 366, 367, 365 -- Criminal Procedure Code, 1973, S.439 - Rape - Name of petitioner not mentioned in FIR - Statement of prosecutrix u/s 164 Cr.P.C. that she had gone of her on accord - Bail allowed to accused...........
