Indian Penal Code, 1860, Section 363, 376, 114, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 5L, 6, 17 -- Kidnapping and rape - Abetment of offence - Accused neither aided the commission of offence employed, harboured nor transported the child by coercion by aiding the commission of crime - He was not even present during the commission of offence..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Victim has recorded a compromise within sixteen days of lodging of an FIR and she states that her allegations were in a fit of anger - Such change of versions ought not to be encouraged by Court - Quashing of FIR for allegations of rape on the basis of compromise rejected...........
Indian Penal Code, 1860, Section 376 -- Rape - Complainant turning hostile - Courts to direct prosecution to initiate proceedings u/s 182 IPC where complainant turns hostile in Court or direct administration to initiate disciplinary action against police authority for submitting frivolous charge sheets in Courts...........
Indian Penal Code, 1860, Section 376(2)(n), 342, 506, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6 -- Rape - Compromise - Accused and complainant have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - Moreover, when disputes have been settled by mutual compromise, then no useful..........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Ossification test or other medical test though is a guiding factor for determining the age, it is not conclusive or incontrovertible and leaves a margin of error of two years on either side...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Reduction of sentence - Offence committed in the year 1985 - Accused was aged about 25 years and now he is 63 years old - He has been facing the agony of criminal case for last about 38 years - Accused has remained in custody for a period of about 16 days in all - Sentence awarded to accused reduced to period..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 14 years old girl - Modification of sentence - Guilt of accused was proved beyond reasonable doubt on account of testimony of direct eye witnesses - Accused sentenced to life imprisonment for whole of biological life of accused without remission - Accused was 26 years of age when offence was committed and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2) -- Bail - Rape - Accused has been in incarceration for more than 8 months - Charge sheet has been filed - Trial Court has not yet framed charges and trial has not commenced - Bail granted to accused...........
