Indian Penal Code, 1860, Section 363, 366, 376 -- Abduction and rape - Prosecutrix was more than 16 years of age on date of incident as per her own admission and other evidences on record - She admitted that she stayed with accused for two and half months and despite having opportunity did not complain anybody in this regard - Moreover, prosecutrix and her mother admitted..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix not supported prosecution case and declared hostile, as she stated that she had not developed any physical relations with accused - She further stated that she had gone on her own volition with accused and stayed with him voluntarily - Doctor who medically examined prosecutrix not given any..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 363, 366, 372, 373, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Bail - Case of trafficking under garb of marriage - Applicant and his agent took advantage of economic stringency of mother of complainant and had found them vulnerable and cheated..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 120B -- Discharge - Kidnapping and rape of minor girl - Prima facie allegations made out against accused to proceed with the case - Sufficient grounds on record for presuming that accused committed the alleged offence - Consent of prosecutrix not material, as prosecutrix was minor..........
Indian Penal Code, 1860, Section 363, 366, 376, 302 -- Kidnapping, rape and murder of 10 years old girl - Dead body of deceased found near tree at corner of road - Accused and deceased were last seen together - Recoveries made by investigating agency at instance of accused after his arrest and he identified place of occurrence - Report of FSL is conclusive regarding..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of two minor girls - Age of victims - Statement of father of victims remained intact - In absence of any evidence envisaged in R.12 of JJ Rules, statement of father of victims on point of age can be safely relied upon - Thus, victims were about 14 years and 12 years respectively at relevant time...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of two minor girls - Victim no.1 not made any contradictory statement on point of her kidnapping, confinement, about place of confinement and manner she was raped - She successfully withstood test of cross-examination - Statements of victims received corroboration from statement of PWs 1 and 2 - Since..........
Indian Penal Code, 1860, Section 363, 366, 376, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix was above 18 years of age at the time of incident - She herself admitted that letter on record was in her handwriting, disclosing her plan to accused as to how she would leave her house and join him..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was 18-19 years old at the time of alleged occurrence - Accused was known to prosecutrix and they had intimated relations with each other - It is not the case of prosecutrix that accused has made the prosecutrix to sit in the bus forcibly - Prosecutrix had numerous opportunities to raise..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix attained the age of majority at or before the time of incident - FIR and statement of witnesses of fact are based on either suspicion and apprehension or on hearsay evidences and do not support the facts of charge - Prosecutrix herself admitted that she performed..........
