Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and murder of a minor girl - Age of prosecutrix 15 years 5 months - Consent would be wholly irrelevant...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix remained in the company of accused for about 12 days until she was recovered - Prosecutrix freely moved with accused in course of which movement, she came across many people at different points but she did not complain of any criminal act on part of accused - Prosecution not succeeded in..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of prosecutrix - Age of prosecutrix not determined as per documents produced on record - Radiological age of prosecutrix determined between 17 to 18 years - Though it is correct that age determined on basis of a radiological examination may not be accurate determination and..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Conviction - Parties subsequently compromised - Complainant married to another person and they are living happily and they have no complaint against accused - Sentence of accused thus, modified to the period already undergone by him - However, accused shall pay a fine of Rs.2 lakhs...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - No injury on person of prosecutrix - Chances of absence of injury marks on person of prosecutrix as prosecutrix examined after 18 days of incident - Cannot give any benefit to accused...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - Minor discrepancies in the statement - Cannot be made a ground for allowing appeal against conviction in view of specific statement of prosecutrix with regard to commission of rape...........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 17, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366 IPC and S.17 of POCSO Act - Quashing of FIR - Prosecutrix found major by Doctors who conducted her ossification test as per order of Court - Medical report of prosecutrix is based on complete..........
Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Quashing of proceedings - Though on the basis of statement by prosecutrix and her mother, possibility of accused being acquitted cannot be ruled out - But at the same time, possibility of conviction can also not be ruled out as trial..........
Indian Penal Code, 1860, Section 363, 366, 120B -- Kidnapping - Accused solemnized marriage with prosecutrix and both were major at the time of marriage - Prosecutrix herself stated that she has gone of her own and she is not seduced by anybody - Prosecutrix even stated that her father lodged false FIR - Ossification test assure that prosecutrix is major - Marriage of two..........
Indian Penal Code, 1860, Section 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape of minor girl by juvenile - Sole testimony of prosecutrix - Testimonies of parents of prosecutrix are hearsay - Contradictory statement was given by prosecutrix - Medical evidence also belies the story propounded by PWs, as marks of resistance..........
