Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Anticipatory bail - Kidnapping and sexual assault - Applicants are parents of A-1 - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail..........
Indian Penal Code, 1860, Section 363, 366, 354, 506, 342, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366, 354, 506, 342, 120-B IPC - No criminal force was applied on the victim to outrage her modesty and she was not forced by accused to marry her - Victim was 18 years old as per medical certificate and thus, she was major grown up girl and had..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix and her mother not supported prosecution case - FIR lodged after 6 months of incident - Prosecutrix stated that she filed the complaint at the instance of her brother and sister - Doctor stated that prosecutrix has given history of rape being committed on her before 5 to 6 months, but she..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(wi), 3(2)(VA) -- Bail - Kidnapping and rape - Prosecutrix stated in her statement recorded u/s 161 Cr.P.C that she went with accused of her own will and accused had not done anything wrong with..........
Indian Penal Code, 1860, Section 363, 366, 342 -- Kidnapping - Victim herself followed accused while accepting his offer for watching a movie - Necessary ingredients of offences u/ss 363, 366, 342 IPC therefore, not made out from admitted allegations of prosecution - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Kidnapping and rape - Parties settled their disputes and entered into compromise - However, offence u/s 376(2)(n) IPC is no, compoundable offence, as offence is not personal in nature and it would affect society - Having regard to nature of..........
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 - Statement of informant and victim shows that petitioner and co-accused were involved in commission of crime and they also participated in incident - Whether..........
Indian Penal Code, 1860, Section 363, 366, 342, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Marriage between parties - Quashing of proceedings - Victim and accused were in love with each other - Accused was aged only 18-19 years, which recognizes person as an adult in law,..........
Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
