Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B -- Default bail - For grant of default bail, Court has to see the maximum awardable punishment and not the minimum awardable punishment...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B -- Default bail - Offence u/ss 376, 506, 120-B IPC - Maximum sentence that can be awarded u/s 376 IPC is life imprisonment - Challan can be filed within 90 days - However, Magistrate wrongly allowed bail after 60 days, as Court has to see maximum awarded punishment not the..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376, 506, 120B -- Default bail - Wrongly allowed - Revisional Court rightly remedied the error by cancelling the bail...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 376, 120B, 34 -- Rape - Compromise - FIR cannot be quashed in a non compoundable offence even when complainant does not support the case of prosecution and accused can be acquitted of the charge after considering the evidence on record as it will give an adverse message to the society...........
Indian Penal Code, 1860, Section 376 -- Rape - After performance of marriage under threat - Remaining in touch with accused after rape speaks otherwise that prosecutrix was a consenting party to the sexual intercourse - Prosecutrix smiling in marriage photographs and statement of prosecutrix that "for this marriage there was no fear or pressure from any side" - Finding..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape of married woman - Accused allegedly committed rape upon prosecutrix on the point of country made pistol - Caste derogatory words also used against prosecutrix and his family in case any action is taken - However, medical..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused had sexual intercourse with prosecutrix by giving false assurance of marriage but subsequently backed out from the same - Act of accused falls squarely under the definition of rape as he had sexual intercourse with..........
Indian Penal Code, 1860, Section 376, 511 -- Rape and attempt to rape - Distinction - When an attempt to penetrate is made, but no penetration takes place, it can be said to be an attempt to rape - But when an attempt to penetrate is made and a slight penetration takes place, the same would constitute rape...........
Indian Penal Code, 1860, Section 376(2)(f), 354 -- Nature of offence - Accused allegedly removed the clothes of prosecutrix, sat on her back and put his fingers into her private parts - No evidence of rape deduced from the medical examination of prosecutrix, as act of penetration of sexual organ by accused in the vagina of prosecutrix is missing - Nor the offence of..........
Indian Penal Code, 1860, Section 376, 452, 387 -- Rape of a married woman aged 45 years - Forcible rape continuously for six months - Mother of two children, elder being 24 years of age, raped continuously for six months - Prosecutrix giving money to accused now and again and saying that she was forcibly raped against her wishes, is neither palatable nor digestible nor..........
