Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506, 511, 380, 451, 34 -- Quashing of proceedings - Compromise - Offence u/ss 376, 506, 511, 380, 451, 34 IPC - Although FIR was registered under the alleged offences but when statement of complainant was recorded u/s 164 Cr.P.C,, no such allegation was leveled - It was basically a..........
Indian Penal Code, 1860, Section 376, 511, 354 -- Nature of offence - Prosecutrix stated that accused undressed her and undressed himself and tried to commit bad work with her - Accused ran away when prosecutrix screamed - Eye witness not produced as witness - Inconsistencies in the statement of prosecutrix wherein she states that she had suffered injuries in her breast..........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Unnatural offence - Quashing of proceedings - An affidavit of victim's mother or victim denying the alleged offence does not make out a case for quashing FIR as it only proves that accused meddles with witnesses and he is in a position to influence the..........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511, Criminal Procedure Code, 1973, Section 177, 178, 181 -- Kidnapping - Unnatural offence - Territorial jurisdiction - Alleged luring and inducements made by accused in a deceitful manner to victim's mother and handing over the custody of minor to accused happened at place `T' - Commission of offence commenced within..........
Indian Penal Code, 1860, Section 377, 511, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23 -- Unnatural offence - Child abuse - Quashing of proceedings - Act of accused making the victim to stay in same room in same cot, hugging him, touching the private part of victim and committing unnatural intercourse with victim, who was a minor against his..........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511 -- Kidnapping - Unnatural offence - Stay of red corner notice - Accused not appeared before Trial Court at any point of time and therefore, no, bailable warrant issued against him resulting in issuance of red corner notice - Though warrant has been recalled but red corner notice is still in force - Accused unable to..........
Criminal Procedure Code, 1973, Section 237, Indian Penal Code, 1860, Section 376, 511, 294 -- FIR u/ss 376, 511, 294, 107 IPC - Charge sheet filed u/ss 376, 511 & 294 IPC - Charge with regard to offence u/s 376 erroneously framed - Only charge u/s 376 IPC be quashed and not the entire proceedings...........
Indian Penal Code, 1860, Section 302, 364, 376, 511, 201, 120B, Constitution of India, 1950, Article 72 -- Offence u/ss 302, 364, 376, 511, 201, 120-B - Death sentence - Rejection of mercy petition - Delay of 3 years and 3 months in rejection of mercy petition - No delay or dilatory tactics on part of convict - Execution of death sentence would be unconstitutional as it..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 511, 354 -- Rape by father - Bail - Alleged sexual crime committed by father against his own daughter is apparently a scandalous blasphemy, not to speak of culpability of offence or degree and enormity of crime which accused has been charged for - Victim girl even complained that her mother..........
Indian Penal Code, 1860, Section 306, 511 -- Discharge of offence u/ss 306, 511 IPC - Victim alive - Offence u/s 306 and 511 IPC not made out - Impugned order rejecting application for discharge set aside - Matter remitted for decision afresh...........
