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 -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 387, 420, 506, 34 -- Bail - Rape - Admittedly, complainant is a grown up mature lady and had volunteered into this relationship over a long period of time - Culpability, if any, shall be determined at the trial which is not likely to conclude in the near future - Petitioner is behind bars..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Petitioner and prosecutrix knew each other since 2015 and allegation is that petitioner established physical relations with prosecutrix on the plea that he will marry her - However, said fact is to be established during trial - Moreover, it is not the case where sexual..........
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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 313, 506, 120B, 34 -- Bail - Rape case - False promise of marriage - Accused and prosecutrix lived together for some time and she became pregnant and aborted many times - Statement of prosecutrix already recorded - Without expressing any opinion on merits of case and keeping in view the..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376(g), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Cancellation of bail - Offence u/s 376(g) IPC and S.8 of POCSO Act - As per material on record including the case diary, medical report prima facie case is made out by prosecution - Taking into account the charges..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Default bail - Charge sheet filed on 11.09.2017 which was 90th day - Charge sheet returned to be filed before Special Court - Charge sheet filed before Special Court and same was returned as it was incomplete -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354A, 452, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape case - Prosecutrix has taken u-turn before Court below during trial and not supported prosecution case - Even, all material PWs turned hostile - There is no reason to keep petitioner behind bars for an..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376,452 -- Bail - Rape - As per FSL report semen not detected on exhibits - No injuries reflected in MLR - Even, prosecutrix failed to appear in trial Court - No useful purpose would be served in keeping petitioner behind bars - Bail granted - However, petitioner directed not to return to..........
Indian Penal Code, 1860, Section 376, 376C, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 27, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 376, 376-C of IPC and Ss.22, 27, 29 NDPS Act - Occurrence took place in the year 2013 and FIR and alleged medical came about after more than five years - Plea of consensual relationship - It..........
