Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 509 -- Anticipatory bail - Outraging modesty of woman - Prosecutrix was harassed in 2017, but no report made by her in this regard - Alleged incident occurred in 2019 and report was lodged after one month - It is thus, a fit case for grant of anticipatory bail to accused - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354 -- Quashing of charge sheet - Outraging modesty of woman - Accusation of molestation by complainant against accused, who is real brother of her deceased husband - I.O submitted charge sheet and Magistrate applied its legal mind and thereby took cognizance u/s 354 IPC which was substantiated by..........
Indian Penal Code, 1860, Section 366, 354 -- Kidnapping - Outraging modesty of woman - Allegation that accused dragged PW1 and victim, though PW1 was rescued and accused committed rape upon victim and her body was found hanging on tree next morning - Evidence of PW1 that they shouted but none came to their rescue, does not inspire confidence, as accused were dragging the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, 380 -- Anticipatory bail - Offence u/ss 354, 354A, 380 IPC - From perusal of FIR, it becomes evident that informant has made specific allegations of outraging her modesty and sexual harassment by unwelcome physical advances, comments and explicit sexual overtures - There is specific..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Rape case - There is categorical and unequivocal allegation of outraging modesty of informant, as mentioned in FIR and her corroborating statements given at different stages, primarily attributes specific role to all accused including petitioner - Named accused undoubtedly are influential..........
Indian Penal Code, 1860, Section 354A, 506, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Outraging modesty of woman - Mere throwing of mobile or medicines or providing the same with or without medicines by accused to prosecutrix, may not be considered to be an offence u/s 354 or 354-A IPC or u/ss 7, 8 of POCSO Act...........
Indian Penal Code, 1860, Section 354, 341, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Outraging modesty of woman - Accused allegedly stopped prosecutrix, caught hold her hand and demanded sex from her - Accused admitted the allegations in the meeting which was convened - Merely on the ground that prosecutrix was a member..........
Indian Penal Code, 1860, Section 354, 341 -- Outraging modesty of woman - Reduction of sentence - Incident occurred 17 years ago - Accused remained in jail for 3 days - At the time of incident, no minimum jail sentence was provided under alleged offences - No useful purpose would be served if he is sent to jail after 17 years of incident - Sentence of accused thus, reduced..........
Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/s 354 IPC - Complainant alleged outraging her modesty by A-2 by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Such action cannot by any stretch of imagination be said to have been committed in course of discharge of an official duty as it..........
