Indian Penal Code, 1860, Section 376D, 366, 354A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of proceedings - Misunderstanding in lodging FIR - Terms of compromise are unacceptable for quashing FIR...........
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...........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Prosecutrix went with accused on his scooty and travelled various places i.e more than 100 kms and she must have crossed number of populated area and police posts but she did not raise any hue and cry qua her kidnapping - She also stayed in two hotels, where also she did not raise any alarm qua..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim girl is fully reliable witness and her recovery from house of appellant fortifies happening of occurrence against victim girl - Testimony of victim of sexual crime cannot be looked under doubt and no corroboration from independent source is required for such offence, which usually happens in..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim is opined to be between 16-17 years as per medical examination report - Mother of victim has categorically stated that victim has never gone to any school - Defence has also not brought on record any evidence in respect of age of victim - However, there is clear cut evidence of victim girl..........
Indian Penal Code, 1860, Section 376, 363, 366(A), 370, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4, 5(j)(ii), 5(l), 6, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 376, 363, 366(A), 370, 376(2)(n) IPC and 3(a), 4, 5(j)(ii), 5(l), 6 POCSO - Quashing of complainant - Settlement between the parties - Marriage between..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366, 376(2)(n), 344, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Abduction and rape - Prosecutrix and appellant were having a consensual relationship - Prima facie no plausible explanation for lodging FIR after a..........
Indian Penal Code, 1860, Section 363, 366, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Victim and accused have entered into a marital relationship and are living a happy and peaceful life which reflects a genuine reconciliation - Continuation of legal..........
