Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(wi), 3(2)(VA) -- Bail - Kidnapping and rape - Prosecutrix stated in her statement recorded u/s 161 Cr.P.C that she went with accused of her own will and accused had not done anything wrong with..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Delay in lodging FIR - Rape case - FIR lodged after five days of incident - Sister of prosecutrix and her friend offered an explanation which is plausible one that families of accused and co-accused..........
Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Rape of 13 years old girl - Abetment - Prosecutrix proves to be child within meaning of S.2(1) of POCSO Act - Accused intentionally extended aid to co-accused to commit rape on prosecutrix as per evidence of PWs - When prosecutrix was pushed..........
Indian Penal Code, 1860, Section 302, 307, 201, 120B, Arms Act, 1959, Section 25, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Evidence adduced by prosecution is duly corroborated by statement made by accused u/s 313 Cr.P.C - Answer offered by him in his statement u/s 313 Cr.P.C to some questions were evasive and in answer to certain questions he..........
Indian Penal Code, 1860, Section 302, 404, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/ss 302, 404, 34 IPC and S.3(2)(v) of SC/ST Act - When the offence complained are both under IPC and SC/ST Act and charges under IPC is framed after investigation is conducted by a competent police officer in accordance with..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 498A, 34 -- Evidence of interested witnesses - Cruelty - Deceased disclosed before PWs/relatives of deceased that she was tortured and assaulted by accused on demand of bicycle - All these witnesses though related to deceased but evidence of such witnesses cannot be discounted merely on the ground that they..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Medical evidence - Human semen stains were found on both the salwars of prosecutrix - However, it was only DNA extracted from salwar which was worn by prosecutrix at the time..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Incident occurred in the middle of field of accused and at that time there was nobody in surrounding fields - Accused dragged prosecutrix for a considerable distance from..........
Indian Penal Code, 1860, Section 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Offence u/s 506 IPC and S.3 of SC/ST Act - Quashing of FIR - FIR in question is counter blast of earlier FIR filed by petitioner against one `D' for molestation and complainant in present case is peon working in office of said `D' - Present FIR is..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Statement of informant and victim shows that petitioner and co-accused were involved in commission of crime and they also participated in incident - Whether..........
