Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 6 -- Kidnapping and rape - Age of prosecutrix - Prosecutrix herself stated that she went with accused on her own will and she was living with accused as his wife and is blessed with two sons - Prosecution failed to prove that age of prosecutrix was less..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Prosecutrix did not support prosecution case and deposed that she was in love with accused - Parents of prosecutrix wanted her to marry with an old man, hence she eloped with accused out of her own volition - They both performed..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Kidnapping - Prosecutrix in her statements recorded u/ss 161, 164 Cr.P.C have not supported prosecution case - No medical evidence to support prosecution case - Ingredients of offence u/s 363 IPC not..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Parties are in live-in-relationship and they both are major - They claim their decision to be based upon voluntarily will/option - Consequently, no authority or person should intervene or intercept their enjoyment of live-in-relationship - FIR quashed...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Minor girl's infatuation with alleged kidnapper cannot be permitted as a valid defence, as it would amount to undermining essence of legislative intent u/s 361 IPC...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Merely because accused has claimed that marriage had been performed with prosecutrix in temple, same cannot sanctify offence as prosecutrix was a minor and under 15 years of age at the time of incident...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Consent given by prosecutrix for alleged physical relationship being a minor cannot be treated as a consent in the eyes of law...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Kidnapping and rape - Sexual exploitation by accused in the case clearly falls within aggravated penetrative assault as defined u/s 5 of POCSO Act punishable u/s 6 of POCSO Act, even if it is claimed that act was consensual...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Kidnapping and rape - Prosecutrix was aged only about 14 years and 6 months at the time of incident - Contention that age of prosecutrix has not been correctly assessed by investigating agency can be duly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
