Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(2)(n), 328, 343, 450, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix went missing from home on 3.1.2021 and later on recovered on 9.1.21 - During this period, prosecutrix deposed, that nothing wrong had happened with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim was 16 years 5 months old and accused was 21 years old - She was recovered from the home of accused and is inhabited by other members of family of accused including his parents -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Minor girl's infatuation with alleged kidnapper cannot be permitted as a valid defence, as it would amount to undermining essence of legislative intent u/s 361 IPC...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Merely because accused has claimed that marriage had been performed with prosecutrix in temple, same cannot sanctify offence as prosecutrix was a minor and under 15 years of age at the time of incident...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Consent given by prosecutrix for alleged physical relationship being a minor cannot be treated as a consent in the eyes of law...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Kidnapping and rape - Sexual exploitation by accused in the case clearly falls within aggravated penetrative assault as defined u/s 5 of POCSO Act punishable u/s 6 of POCSO Act, even if it is claimed that act was consensual...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Kidnapping and rape - Prosecutrix was aged only about 14 years and 6 months at the time of incident - Contention that age of prosecutrix has not been correctly assessed by investigating agency can be duly..........
Indian Penal Code, 1860, Section 363, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Kidnapping - Penetrative sexual assault - Age of victim - No conclusive proof regarding age of victim girl by producing hospital record or municipal record which was taken at the time of birth - Victim is more than 16 years as per ossification test and taking..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 364A, 302, 201, 34 -- Interim bail - Cancellation - High Court while granting bail failed to notice crucial aspects which have a bearing on whether or not a case for exercise of jurisdiction to grant bail u/s 439 Cr.P.C was established - High Court also failed to note that crucial witnesses..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
