Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Indian Penal Code, 1860, Section 71, 363, 366, 376(2)(i)(n) -- Rape - Kidnapping - Accused convicted u/ss 363, 366 and 376(2)(i)(n), and awarded three separate sentences - Offences u/s 363 of IPC is squarely covered u/s 366 IPC, which is higher offence - In view of mandate u/s 71 of IPC, there is absolutely no need to award separate sentence u/s 363 of IPC as it has merged..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix on her own accord and free will went away with accused in absence of her parents - She traveled with accused through public transport and remained with accused for a period of 40 days without raising any alarm which shows that she was a consenting party - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 363, 366, 506 -- Aggravated penetrative sexual assault - Kidnapping - Accused committed rape upon victim and threatened victim to face dire consequences in case she discloses this incident to anyone - Victim became pregnant and gave birth to male child - She was about 13..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Quashing of proceedings - Offence u/ss 363, 366, 120-B IPC and Ss.16, 17 POCSO Act - Compromise - No good ground to quash proceedings in the instant case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Prosecutrix and accused desirous of marrying each other - Parents of accused have no objection to marriage - Bail granted to accused with conditions...........
