Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 363, 366 -- Bail - Offence u/ss 376, 363, 366 IPC - Prosecutrix in her statement u/s 161 Cr.P.C. stated that she has married accused - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 376, 492, 120B -- Bail - Offence u/ss 363, 366, 366-A, 376, 492, 120-B IPC - Prosecutrix not enticed away - Prosecutrix went alongwith the accused of her own accord - Accused in custody and conclusion of trial will take a long time - Nothing on record to show that accused will..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366 -- Bail - Offence u/ss 363 & 366 IPC - Delay of four days in lodging FIR - Accused in jail for the last 15 months - False implication on account of village politics - Charge sheet filed against one accused although two accused were named in FIR - Bail granted subject to conditions...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix eloped with the accused - Not a case of `taking away' - Prosecutrix more than 17 years, hence mature enough to import what she was doing - Section 363 and 366 IPC not attracted...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Reduction in sentence - Conviction u/ss 363, 366 & 376 IPC - Accused sentenced to 7 years RI - Accused was 20 years old at the time of occurrence - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Girl aged 17 years - Prosecutrix removed from place to place in a bus and train - Prosecutrix did not raise any alarm nor complained to anyone - No injury on person of prosecutrix found in medical examination - Prosecutrix had knowledge and capacity of having full import of what she was doing - It is a..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Proof - Allegations that accused allegedly took prosecutrix on point of knife from one place to another - No evidence that accused either extended any promise of marriage or any other allurement to prosecutrix - Held, though prosecutrix was less than 16 years old, it cannot be said that she was not capable of..........
Indian Penal Code, 1860, Section 363, 366, 376, 120B -- Prosecutrix pregnant for eleven weeks - Prosecutrix held to be major - Prosecutrix remaining in company of rapist at several places and for a period of more than two months at one particular place - Accused a Hindu but prosecutrix a Muslim - Possibility of false case cannot be ruled out - Acquittal upheld...........
Indian Penal Code, 1860, Section 363, 366, 114, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(x) -- Kidnapping - Dispute regarding age of victim girl - Documents submitted not based on material to prove date of birth of both the girls - Held, no conclusive proof that both the girls were below 18 years of age - Acquittal of accused,..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Girl aged about 15 years - Prosecutrix consenting party - Age of prosecutrix taken from school register which is based on information given by parents - Father of prosecutrix deposed that age of prosecutrix was 14-15 years - Defence in cross examination of father of prosecutrix did not ask anything to..........
