Indian Penal Code, 1860, Section 376, 366, 363 -- Abduction and rape - Prosecutrix IX class student - Ossification test not performed to ascertain age - In FIR age stated to be 17 years - Doctor opined age 16-17 years - In such circumstances it could not be ruled out that age of prosecutrix on date of incident was 18 years or more - Contradictions by prosecutrix as to..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Conviction of appellants on the statement of `B' minor aged 10 years that `R' had a gun - She and her younger brother and sister were made to sit in the van - Taken to the temple situated in Jungle where she was forcibly married with accused `D' - No charge of abduction in the case - Charge only for kidnapping -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Conviction of accused u/ss 363, 366 and 376 IPC - High Court reduced sentence to already undergone which was about 2 years and 4 months - Sentence reduced to minimum prescribed by law - Reasons not assigned - Judgment very short and cryptic which shows non application of mind - Impugned judgment set aside and case remanded..........
Indian Penal Code, 1860, Section 363, 366, 376, Criminal Procedure Code, 1973, Section 385, 386 -- Reduction in sentence below prescribed minimum sentence without assigning adequate and special reasons - Accused awarded 7 years RI u/s 376 IPC - High Court not assigned any satisfactory reason much less adequate and special reasons for reduction of sentence to a term which..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Accused and prosecutrix married in Gurdwara - Prosecutrix was consenting party to this marriage - Marriage registered with Registrar of Hindu Marriages - Prosecutrix was adult on the date of incident - Prosecutrix had conducted marriage with accused with own free accord - Order of acquittal upheld...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(g) -- Sentence - Reduction - Conviction in rape case - Parties compromised - Prosecutrix married and having two children - Incident 12 years old and at that time accused were young being 20 and 18 years - Sentence reduced from 10 years to already undergone (6 months) - Amount of fine enhanced from Rs.3,000/- to Rs.10,000/-..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 368 -- Bail - Offence u/ss 363, 366, 368 IPC - Accused in custody for the last 14 months - Conclusion of trial likely to take some more time - Bail allowed...........
Indian Penal Code, 1860, Section 376, 366, 363 -- Abduction and rape - Conviction of accused solely on the basis of statement of prosecutrix, which is not trustworthy, is not safe...........
Indian Penal Code, 1860, Section 376, 366, 363 -- Abduction and rape - Consenting party or rape under threat - Accused and prosecutrix employed as teacher in same school and had love affair - Rape under threat without consent with intention to marry - Prosecutrix remained with accused for 3/4 days and travelled to different places on scooter - Prosecutrix stating that she..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Accused juvenile on the date of occurrence - Accused ordered to be released on bail...........
