Indian Penal Code, 1860, Section 363, 366A -- Kidnapping - Quashing of proceedings - Prosecutrix left the house of her parents at the age of 18 years and 2 month - She being major performed marriage with accused as per her own wish and accord - Prosecutrix living happily with accused as his wife and they blessed with a child - Continuation of criminal proceedings against..........
Indian Penal Code, 1860, Section 363, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Minor left voluntarily her house and solemnized marriage with petitioner - Thereafter, High Court gave protection to run away couple with direction that protection would not hamper any proceedings under Prohibition of Child Marriage Act, 2006 - Marriage has..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 120B -- Anticipatory bail - Kidnapping - Victim was 17 years old at the relevant time, has moved out of house at dead of night of her own and contacted marriage with petitioner - Legality and validity of said marriage has never been challenged till date - Debatable issue having arisen..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Disappearance of evidence - Family of deceased as well as testimony of driver of hired Indica Car establishes that deceased was last seen in the company of accused - Evidence pertaining to call records and phones and SIM cards seized from accused also establish that they made several..........
Evidence Act, 1872, Section 27 -- Confession - Kidnapping for ransom - Murder - Accused confessed to kidnapping, confession of accused relied upon only to the extent of recovery of deceased's body as per S.27 of Evidence Act - This strongly points towards their involvement in hiding the body and causing disappearance of evidence, as same was under their knowledge being..........
Indian Penal Code, 1860, Section 364A, 302, 201, 34 -- Kidnapping for ransom - Murder - Disappearance of evidence - Death sentence - Rarest of rare case - Offence committed in pre-mediated manner and involved in heartless betrayed of trust of deceased, who was first cousin of accused - But this is not a sufficient reason to bring it within ambit of rarest of rare cases,..........
Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Indian Penal Code, 1860, Section 458, 363, 366A -- Kidnapping - Sexual assault on minor girl - Accused kidnapped prosecutrix and raped her and also threaten her that if she objected he would kill her family members - Fact that prosecutrix was taken from one place to another and rape was committed by..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment - Kidnapping and sexual assault on minor girl - Accused entered house of complainant with two persons and forcibly took away prosecutrix - Name of co-accused though not appearing in FIR but subsequently his name appeared in statement recorded u/s..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment of offence - Kidnapping and sexual assault on minor girl - Reduction of sentence - Case of co-accused is different from main accused - There is no allegation against co-accused u/s 3 of POCSO Act - Sentence of co-accused thus, reduced to 7 years..........
Indian Penal Code, 1860, Section 363, 376, 506(II) -- Kidnapping and rape - Love affair between parties - Accused and prosecutrix knew each other - Prosecutrix admitted everything and there is nothing which goes against accused - PWs admitted that prosecutrix knew accused prior to date of incident - Prosecutrix did not mention her exact date of birth on oath while..........
