Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Determination of age of prosecutrix - Date of birth given in certificate provided by Principal of College cannot be conclusive proof of exact date of birth of prosecutrix, as the same is based upon declaration given by parents of prosecutrix at the time of her admission...........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Age of prosecutrix - When exact age of prosecutrix could not be determined and only basis for conviction is that prosecutrix was below 18 years, though her evidence on record prove that she consented for going with accused to all places and also for sexual intercourse with accused, benefit of doubt..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(m), 302, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 6 -- Kidnapping, rape and murder of 4 years old girl - Deceased was last seen with accused - Accused while committing barbaric acts of rape and sexual assault on young child aged about 4 years, had inflicted bodily injuries as..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(m), 302, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 6 -- Kidnapping, rape and murder of 4 years old girl - Sentence - Case not rarest of rare case - Death sentence as awarded u/s 302 IPC commuted to life imprisonment - Sentence of imprisonment for a period of 20 years is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Quashing of order - Order sending victim to Nari Niketan - Kidnapping and rape - It is not clear that victim was sent to Nari Niketan on her wishes and it is also not clear that any application was moved by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 109 -- Anticipatory bail - Kidnapping and rape - Prosecutrix in her statement recorded u/s 164 Cr.P.C on two occasions clearly implicated accused by stating that she was kidnapped by him whereafter she was taken to some unknown place and subjected to forcible sexual assault - She has not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Bail - Kidnapping and rape - Victim and accused both are minor and they fled away and got married and remained in..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 8 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Conduct of accused - PWs 1, 2, 3 & 5 when returned to their place of residence after searching the deceased, accused informed..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 27 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Recovery of dead body of deceased - Dead body of deceased was made from a place which cannot be said to be accessible to an..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 3 years old girl - Death penalty - Accused is a young person aged about 23 years old at the time of commission of offence - He was studious and hardworking - It is the first offence committed by accused..........
