Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceeding - Prosecutrix is major as per medical opinion - Statement of prosecutrix recorded which categorically stated that she has voluntarily left her parents' and accompanied co-accused and stayed with him at several places for two months - Held, it could not be said to..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping & rape - Conviction - Validity - Statement of prosecutrix read with her statement recorded by Chief Judicial Magistrate u/s.164 Cr.P.C. which is proved by girl herself, further read with medical evidence on record makes it clear that it is not a case of rape rather a case of consensual sex between accused and..........
Indian Penal Code, 1860, Section 376, 363, 366, Evidence Act, 1872, Section 3, 114 -- Kidnapping - Rape - Proof - Prosecutrix and accused were known to each other and had developed intimacy - Grandmother of prosecutrix had seen her leaving with accused on fateful day - She also admits that she did not inform anyone about this fact - She had never raised any alarm even when..........
Indian Penal Code, 1860, Section 363, 366 -- Love marriage - Girl in her statement u/s 164 Cr.P.C. stated that she married petitioner of her own will and living a happy married life - Possibility of conviction is very bleak - FIR and subsequent proceedings quashed...........
Indian Penal Code, 1860, Section 363, 366 -- Wife married voluntarily and living with her husband without any coercion and compulsion - Wife denied that she was ever kidnapped - Wife claiming to be major but no proof thereof - Wife directed to appear before CJM who will direct I.O. to get her examined by CMO for ascertaining her age and in case she is 18 years of age or..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Appellant took prosecutrix to a place and kept her at house of his friend for about 8 months - Prosecution failed to prove that prosecutrix was below 18 years of age - Evidence of prosecutrix and letters written by her showed that she left her parental home willingly - In absence of any threat, coercion or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(G), 342, 372, 373, 120B -- Regular bail - Grant of - After lodging of report investigating agency had got the statement of prosecutrix recorded by Magistrate - Said statement of prosecutrix is self explanatory which reveals that no offence what-so-ever had been committed by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 342, 506, 3(1)(xii) - - Bail - Grant of - Shifting statement of victim from time to time to investigating officer - In statement recorded u/s 164 of CrPC, she has again changed her earlier version and deposed against accused applicant - Prosecution story is full of improbabilities..........
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 363,366,376 -- IPC Kidnapping and Rape - Bail - It is urged that entire story is fabricated and prosecutrix was major and had gone of her own volition - Moreover, in her statement u/s 164 CrPC she shows that she was taken to Chattisgarh but in recovery memo, she has been recovered from Jharkhand..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Accused taking prosecutrix to hotel on false pretext and shutting door of room without any chance to resist - Committed rape - Element of free consent totally lacking as prosecutrix was found weeping by PW17 and had injury on right thigh and bleeding from private parts - Prosecutrix above 16 years of age - Minor..........
