Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - But, mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - On the pretext of marriage - Prosecutrix was in physical relationship with accused for nearly about 5 years - On the date of incident, prosecutrix went along with accused to a hotel - It cannot be said that her consent was obtained by misconception of fact - When accused was not acceding to request of prosecutrix for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of charge sheet - Any defence of accused which has yet to be placed before Trial Court cannot be examined - Stage of placing defence version does not arise at sage of charge sheet - Petition dismissed...........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 7 years old girl - Circumstantial evidence - Last seen theory, arrest of accused, recovery of dead body, do not conclusively complete chain of evidence and establish the fact - Circumstantial evidence against accused does not conclusively establish guilt of accused in committing murder of deceased -..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
Indian Penal Code, 1860, Section 376, 417 -- Rape - Conviction - There was no misconception of fact and the victim being a fully grown-up lady voluntarily consented to having sexual intercourse with the appellant - Evidence also reveals that they had entered into an informal marriage - Thus, the appellant cannot be held guilty under Section 376 of the IPC or Section 417 of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 406 -- Bail - Rape - Live-in-relationship - Keeping in view the nature of offence, evidence, complicity of accused, without expressing any opinion on merits of case, accused has made out a case for bail - Bail application allowed...........
