Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Information Technology (Amendment) Act, 2008, Section 67B -- Bail - Rape - Serious allegations were made against accused - Threats extended by accused to the life of prosecutrix and threats given through whatsapp chats..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - Bar u/s 33(5) POCSO Act - Victim has not been repeatedly called for cross-examination - Bar u/s 33(5) POCSO Act is not attracted - Application for recall of victim..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5), Indian Penal Code, 1860, Section 376, 506 -- Recall of victim for cross-examination - Rape case - No question was put to victim in her cross-examination regarding allegation levelled against accused - More so, issue concerning determination of age of victim as..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 504, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Juvenile - Bail - Rape - JJ Board declined bail to accused considering the fact that his act..........
Indian Penal Code, 1860, Section 376 -- Rape - Dying declaration of deceased recorded after 11 days - There are no signs of forcible sex with deceased - No medical evidence on record to corroborate that rape was committed on deceased - Offence u/s 376 IPC not made out...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 342, 376(D), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Bail - Offence u/ss 341, 342 and 376(D) & Protection of Children from Sexual Offences Act, 2012, Ss.4, 8 - Grant of bail on the ground that accused is ready to deposit ad interim compensation of Rs.1 lakh in..........
Indian Penal Code, 1860, Section 376, 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482 -- Subsequent marriage of accused with prosecutrix would not dilute the offence under POCSO Act or under S.376 IPC - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 376, 511 -- Rape or attempt to rape - Statements of informant and victim regarding commission of offence of rape appears to be clear improvement in prosecution version - However, there is specific allegations in the FIR regarding attempt to rape - Medical examination of victim shows that there were two marks of abrasion as also two marks of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Prosecutrix categorically stated that accused entered into physical relationship with her, despite her reluctance, refusal and denial - Passive submission on the part of prosecutrix to the act, cannot be construed as a circumstance to hold that it was a case of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Anticipatory bail - Rape - Incident occurred five months before FIR was lodged - Case of anticipatory bail is made out in view of attending circumstances - Anticipatory bail granted...........
