Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 419, 201, 34 -- Bail - Rape - Allegation that accused impersonating a Hindu name despite fact that he was a Muslim, establishing sexual relations with victim on false promise of marriage - However, both accused and victim were grown up adults at the time when first time they established..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim aged about 16 years and accused 21 years of age and both are residents of adjacent villages - She voluntarily leaving her home under the pretext of fetching water from water..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Circumstances taken as a whole creating doubt about truthfulness of prosecution story - Acquittal upheld...........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Prosecutrix herself admitted that accused was known to her and she was ready to marry with him, but her father did to want to marry her with accused - No injury was found on any part of body of prosecutrix and there was no signs suggestive of forced sexual assault - Medical report of prosecutrix does not support..........
Indian Penal Code, 1860, Section 376 -- Gang rape - Police protection to victim's family and witnesses - Held, without casting any aspersions on security personnel of State Police, in order to allay all apprehensions and only as a confidence building measure, It is directed that security to victim's family and witnesses shall be provided by CRPF within a week...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Anticipatory bail - Rape - Conduct of victim accompanying accused to her bedroom without any resistance and subsequently without any reasons running away to forest from safe custody of her maternal uncle and staying..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 17 -- Bail - Kidnapping - Sexual assault - Victim was subjected to medical examination, but no injury was found on person of victim - Victim had been calling accused for number of times everyday - Allegation..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 376, 511, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Interim bail - Medical ground - Rape case - Accused was given treatment in super specialty hospital - No shortcomings were found in medical treatment offered to accused, which could have been basis for..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Accused though below age of 16 has ravished a very young prosecutrix, who is just 6 years old - Prosecution is consistent in FIR lodged by prosecutrix's mother, statement of..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Absence of positive evidence with regard to age of prosecutrix on date of occurrence - Possibility of her being above age of eighteen years on the date cannot be ruled out - Benefit of doubt goes to accused...........
