Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 363, 366, 376D -- Juvenile - Bail - Kidnapping and rape - Gravity of offence is not a ground to deny bail to a juvenile/accused, unless conduct of accused is such to indicate that in all likelihood, after being released on bail, accused will indulge into more crimes -..........
Indian Penal Code, 1860, Section 366, 376, 341 -- Abduction and rape - Prosecutrix had no occasion or motive to falsely implicate accused for grave offence of rape - By launching prosecution, she faced a risk of putting her own reputation in society at stake - Defence set up by accused that he is falsely implicated due to money dispute between them is not probable, as no..........
Indian Penal Code, 1860, Section 366, 376, 341 -- Abduction and rape - Reduction of sentence - Accused does not have any criminal antecedents - Age of prosecutrix was 53 years of age at the time of offence - No injuries were suffered by prosecutrix during her alleged ravishment by accused - Accused not indulged in any vicious physical violence with prosecutrix - Incident..........
Criminal Procedure Code, 1973, Section 70, Indian Penal Code, 1860, Section 376(2)(g), 366 -- Arrest warrants - Rape case - Case was thoroughly investigated by police and a detailed negative final report was filed by police - Trial Court was not justified in issuing warrants of arrest against petitioners while taking cognizance against them - Order issuing warrant of..........
Indian Penal Code, 1860, Section 363, 366, 376, 120B -- Kidnapping and rape - Version of prosecutrix that she was subjected to forceful intercourse without her consent which contains material contradictions, improvements and omissions and does not inspire confidence and cannot be believed - Even medical evidence does not support prosecution story - No external injury found..........
Criminal Procedure Code, 1973, Section 366, Indian Penal Code, 1860, Section 302 -- Death sentence - Acid attack - Death - Trial court convicted accused and awarded death sentence - Death sentence set aside as life imprisonment is rule and death sentence is an exception, and death sentence can be imposed only when life imprisonment appears to be altogether inadequate..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Sentence - Prosecutrix and accused, both adolescents having love affair - She left her parent's house voluntarily without any force - Both of them stayed together for around 10 days and nature of sexual intercourse was consensual - Moreover, accused already undergone imprisonment for 2 years 9 months -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 342, 323, 120B -- Bail - Offence u/s 363, 366, 342, 323, 120-B IPC - Petitioner participated in the process of investigation - Co-accused already released on bail - Status report on record reveals that no recovery etc., is to be effected from petitioner - Bail granted to petitioner with..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - Sexual intercourse on pretext of marriage - Charge stands belied when prosecutrix permitted accused to sexually access her even when accused resiled from his promise and there is delay in lodging FIR - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of three years old girl - Plea of alibi - Plea of alibi not taken by accused in his statement u/s 313 Cr.P.C. - Moreover, accused was on leave from his work on the date of incident, thus plea of alibi that he was on his work place at the relevant date, negated - Convincing evidence on record that under..........
