Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354, 511, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 12, Information Technology Act, 2000, Section 66(E) -- Bail - Rape case - Incident occurred in 2018, but there is no plausible explanation as to why prosecutrix kept mum for almost 2 years before lodging FIR..........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 9(f), 9(k), 9(m), 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Cancellation of bail - Outraging modesty of minor girl by her teacher - Victim aged about 11 years is an intellectual..........
Indian Penal Code, 1860, Section 354, 506 -- Offence u/ss 354, 506 IPC - Compromise arrived at between parties - Complainant stated that she entered into compromise with petitioner of her own freewill and without any duress from any quarter - Pursuing prosecution will serve no purpose as in all likelihood there will be no evidence to establish prosecution case - FIR..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Anticipatory bail - SIT came to a conclusion that no such incident of alleged molestation had taken place and according police prepared cancellation report - Present petition is thus rendered infructuous - Police authorities are at liberty to proceed against prosecutrix for..........
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..........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 323, 504, 506, 354, 147 -- Quashing of summoning order - Order taking cognizance - Offence u/ss 323, 504, 506, 354, 147 IPC - Detailed cognizance order as well as summoning order passed by Magistrate with judicial application of mind to material available on record - Materials are sufficient..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Indian Penal Code, 1860, Section 392, 395, 397, 376, 324, 354, 354A, 120B, Evidence Act, 1872, Section 3 -- Dacoity - Appreciation of evidence - There is no evidence with regard to knowledge of accused about prior crimes allegedly committed by other persons - Even, one of the accused `M' in his confessional statement has clearly explained that accused permitted him and his..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 452, 323, 354 -- Quashing of summoning order - Offence u/ss 452, 323, 354 IPC - Summoning order passed on basis of evidence collected by Magistrate, which was perfectly well, in accordance with law - Meticulous analysis of factual aspect need not to be gone into, as same required to be gone into..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 509 -- Anticipatory bail - Outraging modesty of woman - Prosecutrix was harassed in 2017, but no report made by her in this regard - Alleged incident occurred in 2019 and report was lodged after one month - It is thus, a fit case for grant of anticipatory bail to accused - Anticipatory bail..........
