Indian Penal Code, 1860, Section 366, 354 -- Kidnapping - Outraging modesty of woman - Allegation that accused dragged PW1 and victim, though PW1 was rescued and accused committed rape upon victim and her body was found hanging on tree next morning - Evidence of PW1 that they shouted but none came to their rescue, does not inspire confidence, as accused were dragging the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 380 -- Anticipatory bail - Offence u/ss 354, 354A, 380 IPC - From perusal of FIR, it becomes evident that informant has made specific allegations of outraging her modesty and sexual harassment by unwelcome physical advances, comments and explicit sexual overtures - There is specific..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354 -- Delay in lodging FIR - Offence u/s 354 IPC - FIR lodged after more than four decades as from the date of incident - Admittedly, punishment for committing offence alleged against accused as in the year 1971 was a maximum of 2 years imprisonment - Further, as per S.468 Cr.P.C, no Court shall..........
Indian Penal Code, 1860, Section 354 -- Offence u/s 354 IPC - Quashing of FIR - Events which stand narrated in FIR post occurrence of alleged incident are also quite unbelievable and no prudent person can even reach to a just conclusion on the basis of allegations made in FIR that there are sufficient grounds for proceeding against accused - No cogent explanation coming..........
Indian Penal Code, 1860, Section 341, 323, 45, 354 -- Offence u/ss 341, 323, 451, 354 IPC - Accused allegedly came to house of complainant and used abusive language and thereafter inflicted injury to complainant with his wife - When wife of complainant fell down accused started tearing her clothes - Independent witnesses also stated the same story - Offence in question..........
Indian Penal Code, 1860, Section 498A, 406, 323, 354, 376, 511 -- Offence u/ss 498-A, 406, 323, 354, 376, 511 IPC - Quashing of FIR - Specific allegation levelled against husband, father-in-law and mother-in-law to the effect that they assaulted complainant with fist blows and demanded money from parents of complainant - Petitioners raised question about character of..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 326, 354, 448, 506, 149 -- Compounding of offence - Offence u/ss 323, 326, 354, 448, 506, 149 IPC - Signatures of complainant/victim not found in application seeking compounding of offence - Offence u/s 326 IPC is no, compoundable - There was no prayer by accused seeking leave of Court to..........
Indian Penal Code, 1860, Section 376, 354, 506, 34 -- Rape of minor girl by her own father - Victim aged about 14 years stated that her father/accused committed multiple times sexual intercourse since she was about 11 years of age - She became pregnant and her pregnancy was forcibly terminated by accused - DNA report establishing accused as father of unborn child -..........
Indian Penal Code, 1860, Section 376(2)(f), 354 -- Rape of minor girl by her blind father - Prosecutrix has given detailed description of manner in which accused used to sexually assault her - Allegation of sexual assault go back to several years when she was only 6 years of age and sexual assault continued till she was 13-14 years of age - Complaint made to police when..........
Indian Penal Code, 1860, Section 354, 294, Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4 - - Offence u/ss 354, 294 IPC - Admittedly, petitioner at the time of commission of offence was 24 years old and for a period of 11 years has suffered travails of trial and conviction - Even, offences for which petitioner has been convicted are..........