Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 302, 363, 201 -- Bail - Rape and murder of 8 years old girl - Incident occurred in a gruesome manner in which 8 years old girl was raped and killed that too by her own cousin - Merely because there was public outcry and..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Certificate of school was produced by prosecution to prove the date of birth of victim - However, prosecution has failed to produce any document or evidence of school staff, head-master of school or school register admission form, etc., based upon which said certificate..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of victim - Victim was above age of 15 years and below 17 years at the relevant point of time as per medical report - Ossification test report are based upon an opinion given by a radiologist based on appearance of epiphysis and fusion of margins of bones - There would be always..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Victim was major on the date of occurrence - She was not taken away forcibly rather as it is revealed that she left the company of her parents clandestinely and joined association of appellant at her free will - Offence u/s 363 IPC, not made out - Possibility that she went with appellant at her own will and volition..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Juvenile - Kidnapping and rape - Age of appellant on the date of incident was 17 years, 10 months and 18 days - He was thus, a juvenile on the date of incident - Admittedly, there are..........
Indian Penal Code, 1860, Section 363, 366, 376, 201, 34 -- Abduction and rape - Material contradiction in the statement of prosecutrix as to the date of commission of rape - Since accused `S' was not with prosecutrix in the night of incident when she was in the house of co-accused `C' and there is no allegation of rape against co-accused `C' in whose house she stayed on..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Age of prosecutrix - No cogent and satisfactory evidence has been led by prosecution to prove exact age of prosecutrix - In the absence of any cogent and satisfactory evidence on record, it cannot be said that prosecutrix was minor at the time of alleged incident...........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Statement of prosecutrix can be sole basis for conviction unless there are cogent reasons for Court to be hesitant in believing the statement at its face value or to seek corroboration...........
