Indian Penal Code, 1860, Section 366, 376D, 323, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Kidnapping and Rape - Prima facie facts of case disclose that accused firstly kidnapped the victim and thereafter under coercion and threat shown marriage with her and also obtained protection by filing Writ petition - This is..........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 366 IPC - Both the petitioners are major - Petitioner No.1 left her home with petitioner No.2 willingly and is living with him as a married woman - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, 342 -- Quashing of FIR - Kidnapping and rape - Compromise arrived at between parties - Parties have resolved their disputes and differences - Held, after considering nature of offences allegedly committed and fact that both the parties have amicably settled their dispute,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Accused was declared juvenile by JJ Board, as he was 12 years, 11 months and 5 days at the time of accident - He was in judicial custody for a period of about 2-1/2 years..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of intellectually challenged 21 years old girl - Accused inserted his finger into vagina of prosecutrix which is duly corroborated by DNA report - Soil found on clothes of accused and prosecutrix matched the earth collected from the spot where sexual assault took place - Same is evident from FSL report -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Bail - Kidnapping and rape - Accused committing penetrative offence against a 16 years old minor child - Statement..........
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 366, 376 -- Bail - Kidnapping and rape - Court granted bail to main accused - Role of co-accused is that they helped victim in bringing her in their vehicle to home of main accused - Since Court is granting bail to main accused, there is no justification to deny bail to co-accused - Bail granted..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 346 -- Quashing of FIR - Kidnapping - Runaway marriage - Victim though minor performed marriage with accused with her own free will - Accused being husband is in relationship with victim and in terms of Ss.19, 21 of Guardian and Wards Act r/w Ss.6, 10, 13 of Hindu Minority and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Live-in-relationship between parties - Both the parties are actually in their mid to late 30s - Only allegation of prosecutrix is that accused continued to have physical relationship with her on pretext of marriage - Bail granted to accused...........
