Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Rape case - Compromise arrived at in between parties - Allegation that accused had entered into physical relations with prosecutrix and on account of that she had become pregnant and he was not getting married to her - However, parties are living together happily with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 452, 506 -- Bail - Unnatural offence - Dispute for exchange of money - Prima facie accused and victim were in consensual relationship for a period of 2 years - There are applications for lodging FIRs against each other - Accused is in jail since 13.1.21 - Considering material on record,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Where victim herself denied allegation of rape in her statement u/s 164 Cr.P.C, rejection of bail by Courts below is highly inappropriate -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Nothing on record showing that there is moral, physical or psychological danger to juvenile, if he is released, nor there was any possibility..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 370(4), 506, 120B -- Anticipatory bail - Kidnapping - Custodial interrogation of accused is required - Keeping in view nature, gravity and seriousness of offence, manner in which girl has been managed to be transported/travelled from Shimla to a remote village of U.P in an unorganized..........
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376A, 376(2)9n), 506, 454 -- DNA test - Rape - FSL report shows that human sperm and semen were found on undergarments of prosecutrix - DNA test is essential for just decision of case as per S.53-A Cr.P.C - Thus, it cannot be said that trial Court has tried to fill up lacuna - Order directing for..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s) -- Anticipatory bail - After filing of charge sheet - Offence u/ss 323, 504, 506 IPC and S.3(1)(r)(s) of SC/ST Act - Informant being a journalist removed the crowd with help of people..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/ss 498-A, 323, 504, 506 IPC - Matrimonial dispute between parties - Keeping in view of second wave of corona virus and its further surge apprehended, accused shall be released on anticipatory bail till cognizance is taken by Court on police..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 328, 506 -- Bail - Rape - Allegation against father-in-law that he after giving some tablets which made prosecutrix unconscious did a wrong act with her and made objectionable videos and clicked her photographs - Issue with regard to contradiction of statement u/s 164 Cr.P.C and deposition..........
Indian Penal Code, 1860, Section 452, 342, 436, 307, 506, 201, 34 -- Offence u/ss 452, 342, 436, 307, 506, 201, 34 IPC - Bail - Both the accused seen in CCTV camera - However, report of FSL, if perused, clearly reveals that nothing substantial could be seen in the CCTV camera - Moreover, motive attributed to accused is too bleak to conclude complicity of accused in the..........
