Indian Penal Code, 1860, Section 366, 368, 377, 342, 511, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Unnatural offence - Quashing of proceedings - An affidavit of victim's mother or victim denying the alleged offence does not make out a case for quashing FIR as it only proves that accused meddles with witnesses and he is in a position to influence the..........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511, Criminal Procedure Code, 1973, Section 177, 178, 181 -- Kidnapping - Unnatural offence - Territorial jurisdiction - Alleged luring and inducements made by accused in a deceitful manner to victim's mother and handing over the custody of minor to accused happened at place `T' - Commission of offence commenced within..........
Indian Penal Code, 1860, Section 366, 368, Criminal Procedure Code, 1973, Section 482 -- Kidnapping from lawful guardianship - Quashing of proceedings - Accused running a hostel for poor students - Allegation against accused that he induced and lured victim's mother by giving assurance in such a way to send victim along with him - Ingredients of kidnapping from lawful..........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511 -- Kidnapping - Unnatural offence - Stay of red corner notice - Accused not appeared before Trial Court at any point of time and therefore, no, bailable warrant issued against him resulting in issuance of red corner notice - Though warrant has been recalled but red corner notice is still in force - Accused unable to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping & rape - Bail - Age of prosecutrix below 18 years at the time of alleged incident - Alleged offences were prima facie attracted against accused - Interest of State and general public would be adversely..........
Indian Penal Code, 1860, Section 366 -- Reduction of Sentence - Sentence reduced from 5 years to 3 years as : Incident is nearly 20 years old and appellants were very young at the time of alleged occurrence - Appellants were not charged with any attempt to physically assault or seduce the victims for any sexual favours...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was missing from home but FIR was lodged almost after expiry of 11 days - No explanation offered for such delay - Recovery of prosecutrix by his brother and friends also creates a cloud of suspicion as the person who informed brother of prosecutrix that his sister was at his place, not..........
Indian Penal Code, 1860, Section 363, 366, 376D, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 -- Abduction and gang rape - Bail - Case of petitioner falls in more than one exception provided u/s 12 of JJ.Act - Petitioner even as a juvenile has gone to the extent of gang raping prosecutrix - Probation Officer report shows that petitioner was in..........
Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Minor girl - Kidnapping with intention to marry - Girl stating that she had voluntarily gone with accused and she on her own sweet will married accused - Court finding girl to be minor sending her to Nari Niketan till she attained majority - A minor cannot be..........
Indian Penal Code, 1860, Section 376, 366, 363, 342, 328, 506, 34 -- Rape - Medical Evidence corroborates the statement of Prosecutrix and her mother on point of rape - It is established that accused after kidnapping her with the help of co-accused confined her in partially demolished house and also gave threat to life - Conviction of accused, proper...........
