Criminal Procedure Code, 1973, Section 363(5) -- Copy of judgment - On information being given to victim regarding judgment passed by Court, victim would be entitled to apply for certified copy of judgment as provided u/s.363(5) Cr.P.C...........
Indian Penal Code, 1860, Section 363, 366, 376, 120B, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of charge sheet - Age of prosecutrix as per High school certificate was about 15-1/2 years at the time of incident - Applicant claimed to have obtained agreement from prosecutrix mentioning that they were living as husband and wife since last..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376 -- Bail - Kidnapping and rape - Medical report of victim shows that she is major girl aged about 18 years - Statement of victim u/s 164 Cr.P.C shows that she is consenting party - Medical report of victim does not corroborate her statement recorded u/s 164 Cr.P.C. - Accused has no..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Kidnapping - Quashing of FIR - Petitioner No.1 (mother) alleged to have kidnapped child - FIR lodged by respondent No.2 (father) to settle scores with petitioner No.1 on account of matrimonial discord between them - Instead of filing petition seeking custody of children, respondent No.2 has..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Sentence - Main accused 18 years of age at time of incident - Both accused and prosecutrix were in close relationship - Held, leniency in such matters not just and proper - Custodial incarceration of at least three years would be appropriate - Considering the fact..........
Indian Penal Code, 1860, Section 366A, 363, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Petitioner herself pleaded that no case is made out against accused as she being major had gone in company of accused with her own volition - Accused cannot be said to have committed the offence u/ss. 366A & 363 - Whole criminal case against accused..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceeding - Prosecutrix is major as per medical opinion - Statement of prosecutrix recorded which categorically stated that she has voluntarily left her parents' and accompanied co-accused and stayed with him at several places for two months - Held, it could not be said to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 382, 201, 34, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5 -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(G), 342, 372, 373, 120B -- Regular bail - Grant of - After lodging of report investigating agency had got the statement of prosecutrix recorded by Magistrate - Said statement of prosecutrix is self explanatory which reveals that no offence what-so-ever had been committed by..........
Indian Penal Code, 1860, Section 376,302,363, Criminal Procedure Code, 1973, Section 154Kidnapping -- Rape and Murder of minor girl - Delay of two days in lodging report and recording statements of witnesses - Held, failure of prosecution to offer even rudimentary explanation for delay coupled with failure to produce police proceedings of the night of incident raises..........