Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34 -- Kidnapping and rape - Determination of age of prosecutrix - Bone age of prosecutrix was between 14.5 to 16.5 years - Margin of error in age ascertained by radiological examination is two years on either side - Since Court can add 2 years to age of prosecutrix, it would not be proper to assume and presume that..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34 -- Kidnapping and rape - Prosecutrix was not minor on the date of incident - She had voluntarily gone with accused as she never raised an alarm or tried to run away from place where she was allegedly kept by accused - Not only driver of vehicle in which accused allegedly taken away prosecutrix had identified her..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, 17, Prohibition of Child Marriage Act, 2006, Section 6, 17 -- Bail - Offence u/ss 363, 366, 376 IPC, Ss.6, 17 Protection of Children from Sexual offences Act, 2012 & Ss.6, 17 Prohibition of Child Marriage Act, 2006 -..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(F), (N), Protection of Children from Sexual Offences Act, 2012, Section 5(L)(N)(6) -- Kidnapping and rape - Age of prosecutrix - Admission form and record of school first attended by prosecutrix assume importance but the same was withheld from Court - Prosecutrix was hovering around the age of 18 years - As regarding..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3), Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Determination of age of prosecutrix - Kidnapping - Penetrative sexual assault - No material document on record which proves the age of prosecutrix as below 18 years - Even father of..........
Indian Penal Code, 1860, Section 365, 366, 376, 307, 344, 34 -- Kidnapping and rape - Medical evidence not established that it was accused who is primarily responsible for committing rape and penetrative sexual assault on prosecutrix - Inconsistencies and discrepancies found in statement of prosecutrix, which makes case of prosecution fabricated and unreliable - Entire..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Age of prosecutrix - Investigating agency was not sure about authenticity of school register, therefore ossification test of prosecutrix was carried to determine her age - Age of prosecutrix as per medical examination determined between 16 to 18 years - Margin of 2 years is to be extended to report of ossification..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix eloped with accused and to overcome the same it was alleged that she was enticed away by accused from house of her i, laws - She travelled with accused on motorcycle - Explanation given by prosecutrix that she became unconscious is improbable and unconvincing - Prosecutrix stayed with accused for more..........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and rape - Victim is a major and she eloped with accused in a preplanned manner and in order to make out a case of her abduction she has implicated other accused as well - No allegation against accused that they abducted victim to compel her to marry any person against her will or she was forced or seduced to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Abduction and rape - Prosecutrix is major and married lady and she lived with accused for about 3 to 4 years as per own free will - Relations between prosecutrix and accused were..........
