Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Accused forcibly took victim to a deserted place, kept her in a room throughout the night and committed rape on her and thereafter next day in the night he left her outside the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 342, 376(D), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Bail - Offence u/ss 341, 342 and 376(D) & Protection of Children from Sexual Offences Act, 2012, Ss.4, 8 - Grant of bail on the ground that accused is ready to deposit ad interim compensation of Rs.1 lakh in..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
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 -- Bail - Kidnapping and rape - FIR lodged against unknown person - Victim left parental home on her own sweet will and had gone with accused and solemnized marriage with him, which is evident from her statement..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 8 years old girl - Victim categorically stated in her statement recorded u/s 164 that accused committed oral sex with her, which amounts to rape - At the stage of bail, it cannot be presumed that she has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Accused contended that final report does not disclose commission of alleged offence by him - However, a bare perusal of statement made by victim u/s 164 Cr.P.C in explicit terms..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Cancellation of bail granted in an offence u/s 376 IPC and S.6 of POCSO Act - Where victim is minor, grounds of love affair between parties and refusal to marry are circumstances which will have no bearing for grant of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Statement of victim u/s 161 Cr.P.C is quite similar to version of complainant as stated in FIR and thereafter statement recorded by Magistrate has also no deviation from allegation of rape - Father of victim saw accused in torch light who ran away from spot - Statement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376 -- Bail - Kidnapping and rape - Victim in her statement u/s 164 Cr.P.C corroborated stand of accused - Statement recorded u/s 164 Cr.P.C stands on a much superior pedestal in comparison to information which formed the basis for S.154 Cr.P.C - There is thus, absolutely no justification to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366A, 376, 370, 342, 34, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Material contradictions were found in statement of prosecutrix recorded u/s 161 Cr.P.C on various dates and also her statement before doctor recorded in MLC - Prosecutrix was..........
