Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 376, 506, 120-B IPC and S.3 of SC&ST Act - Statement of young prosecutrix has been recorded and that proceedings before trial Court have been stayed in quashing petition..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 295A, 153A -- Anticipatory bail - Comments posted on face book to insult members of Islam religion - Prima facie comments made by petitioner on prophet are not statements made unwittingly or carelessly - Tone and tenor of comments indicate that they were made by him with deliberate and malicious..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix disclosed her age to be about 30 years - She admitted to have had continued physical relationship with accused for several years on the hope of marriage - Moreover, accused is not having any criminal history - There is no likelihood of early conclusion of trial -..........
Indian Penal Code, 1860, Section 376D, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Victim was dragged inside the room and on the point of pistol she was subjugated and coerced and then rape was committed consecutively by accused persons - In such a state of horror to which victim was subjected there should hardly be any expectation that she would..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Offence u/ss 366, 376(2)(g) IPC - Complainant and prosecutrix belong to rural background, therefore, delay in lodging of FIR cannot be considered to be ground so as to give benefit to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Applicant was I.O of case registered u/ss 354, 506, 504 IPC - Deceased was already reeling under immense mental and psychological stress by conduct of her class mates and only ray of hope was with police officials who too tried to settle down the matter instead..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 120B -- Framing of charge - Offence u/ss 302, 120-B IPC - Police filed challan against petitioner along with other accused - Evidence on record particularly call details shows that petitioner was having illicit relation with co-accused and on the date of incident petitioner and co-accused had..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape on pretext of marriage - Live-i, relationship between parties - Petitioner never promised prosecutrix that he will marry her - He never made any obscene video of prosecutrix with him nor had ever threatened her - Prosecutrix has stated in FIR that petitioner forced..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Complaint inspired by malice and version contained therein full of high improbabilities - Continuation of proceedings on that basis is likely to result in abuse of process of Court - Entire proceedings of complaint in question..........
