Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of prosecutrix - Age of prosecutrix not determined as per documents produced on record - Radiological age of prosecutrix determined between 17 to 18 years - Though it is correct that age determined on basis of a radiological examination may not be accurate determination and..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Conviction - Parties subsequently compromised - Complainant married to another person and they are living happily and they have no complaint against accused - Sentence of accused thus, modified to the period already undergone by him - However, accused shall pay a fine of Rs.2 lakhs...........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 17, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366 IPC and S.17 of POCSO Act - Quashing of FIR - Prosecutrix found major by Doctors who conducted her ossification test as per order of Court - Medical report of prosecutrix is based on complete..........
Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Quashing of proceedings - Though on the basis of statement by prosecutrix and her mother, possibility of accused being acquitted cannot be ruled out - But at the same time, possibility of conviction can also not be ruled out as trial..........
Indian Penal Code, 1860, Section 363, 366, 120B -- Kidnapping - Accused solemnized marriage with prosecutrix and both were major at the time of marriage - Prosecutrix herself stated that she has gone of her own and she is not seduced by anybody - Prosecutrix even stated that her father lodged false FIR - Ossification test assure that prosecutrix is major - Marriage of two..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Second petition u/s 482 Cr.P.C. based on subsequent developments - Second petition is maintainable...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366 -- Quashing of proceedings - Kidnapping - Parties are married for past 8 years and blessed with four children - Informant accepted the said marriage and does not wish to prosecute the case founded on FIR lodged by her - Looking to stand taken by informant, permitting prosecution to..........
Indian Penal Code, 1860, Section 363, 368, 366, Evidence Act, 1872, Section 106 -- Kidnapping of two minor girls - Burden of proof - Accused kidnapped two minor girls on rickshaw - No evidence or circumstance pointing fact that two minor girls were ever seen in company of any other person after their disappearance with accused on rickshaw - Imputation of causing..........
Indian Penal Code, 1860, Section 363, 368, 366 -- Kidnapping of two minor girls - Nature of sentence - Two minor girls were proved to be kidnapped by accused - Whereabouts of two missing girls not known till now - Accused should not be given any latitude as that would adversely affect interest of justice - Sentence awarded by trial Court is thus, proportionate to offence..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Kidnapping and rape case - Prosecutrix changing her statement and naming different persons at different stages - Only one accused was involved in the crime and no challan was..........
