Indian Penal Code, 1860, Section 376, 506 -- Rape - Age of prosecutrix - Prosecutrix was student of class III and certificate of school depicts her date of birth on the date of incident about 9 years - Defence in their statement has not objected age of prosecutrix rather accepted the same - Age of prosecutrix on date of incident is definitely less than 18 years and she was..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Plea of false implication - Defence stated that there is property dispute between complainant and wife of accused - However, no evidence of any such dispute is available on record - Plea of false implication by defence appears to be quite improbable and rejected...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Testimony of prosecutrix - Prosecutrix stated that accused took her away at his house and then raped her when she cried then her mouth was forcibly shut down and that on the date she was wearing school uniform - When her father took her home at that time she was bleeding from private part - Testimony of prosecutrix intact..........
Indian Penal Code, 1860, Section 307, 452, 427, 506, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Attempt to murder - Case of no injury, as none is injured in the case - Challan is presented and petitioner is in custody since 2019 - Petitioner is no more required in any further investigation of case - Trial of case may take some time..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Cruelty - Quashing of FIR - Complainant concocted a story that there was demand of dowry before marriage and at the time of marriage - However, there is no complaint made then or soon after couple had left for USA - Allegations of cruelty, harassment and torture if any took place in USA and cognizance of it could..........
Criminal Procedure Code, 1973, Section 177, 178, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Jurisdiction of Court - Cruelty - Quashing of FIR - All the offences itself complained arose in USA - Parties had invoked jurisdiction of US Court for their matrimonial dispute and all disputes stand settled - FIR at Panipat would not be sustainable qua..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 341, 506, 188, 34, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Second application - Second application for anticipatory bail is maintainable when first anticipatory bail application was dismissed as withdrawn and same was not decided on merits - Petitioner already joined investigation..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 342, 506 -- Bail - Rape - Accusations levelled against accused are severe but there are no reasonable apprehensions of his tampering with evidence - Cross cases were filed against each other - Both the parties crossed their limits and at this stage it is very difficult to adjudicate as..........
Indian Penal Code, 1860, Section 363, 366, 354, 506, 342, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 363, 366, 354, 506, 342, 120-B IPC - No criminal force was applied on the victim to outrage her modesty and she was not forced by accused to marry her - Victim was 18 years old as per medical certificate and thus, she was major grown up girl and had..........
