Indian Penal Code, 1860, Section 363, 366, 376, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366, 376 and 506 IPC - Husband and wife seeking quashing of FIR - Wife stated in Court that she willingly performed marriage with her husband - Age of wife determined 19 years - Wife found pregnant - Charges framed and four witnesses examined - Trial Court..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Statement of mother that prosecutrix was major on the date of alleged occurrence - Prosecutrix herself stated that she accompanied accused of her own and voluntarily as she was having love affair - Absence of mark of injury or scratches on the person of prosecutrix indicate that she was a consenting..........
Indian Penal Code, 1860, Section 376, 363, 366, 308, Evidence Act, 1872, Section 32 -- Rape - Victim committed suicide - Deceased in her statement to police mentioned two incidents in which accused alleged to have misbehaved with her - Deceased made two dying declarations - In one dying declaration deceased mentioned only one incident of rape and that too a day before..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Conviction by trial Court and acquittal by High Court - Conclusions arrived at by trial Court in detail - High Court set aside the conviction by a cryptic and non speaking order - High Court did not discuss the evidence and has not even indicated any basis for departing from conclusions of trial Court - Case remanded back..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Rape - Age of prosecutrix - Documents placed on record regarding the age of prosecutrix did not relate to her - High Court came to conclusion on the basis of oral evidence and documentary evidence that date of birth of prosecutrix as claimed by prosecution not established - Finding cannot be said to be without any basis -..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 363, 342, 366, 376, 120B -- Compounding of offence - Offence Ss.363, 342, 366, 376 & 120-B IPC - Court has wide powers to quash the proceedings even in non-compoundable offences in order to prevent abuse of process of law and to secure ends of justice, notwithstanding bar u/s 320 Cr.P.C. - Once..........
Criminal Procedure Code, 1973, Section 482, 164, 161, Indian Penal Code, 1860, Section 363, 366 -- Kidnapping of girl - Order letting victim to freely go to place of her choice - Quashing of - Magistrate passed said order on basis of statement of victim recorded u/s.164 Cr.P.C against very object of S.164 Cr.P.C. - Magistrate recorded statement within 15 days of her..........
Indian Penal Code, 1860, Section 376, 363, 366 -- Kidnapping and gang rape - Delay of four days in lodging FIR - Witness in whose presence prosecutrix kidnapped not examined - Gang rape by four persons for number of days but doctor found no mark of injury around genitalia - There was no finding of recent sexual act - Accused acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 365, 366, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Offence u/ss 363, 365 366 IPC and S.3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Girl alleged to be kidnapped found to be above 18 years and marrying..........
Indian Penal Code, 1860, Section 363, 366 -- Abduction - School Leaving Certificate showing age of prosecutrix as 17 years, 8 months and 20 days on the date of alleged occurrence not proved by prosecution - PW4 father of prosecutrix stated in his cross-examination that the age of the prosecutrix on the date of occurrence was 19 years - Prosecutrix not supported the case of..........
