Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Indian Penal Code, 1860, Section 376(m), 201, 506(2) -- Rape - Property dispute in between two families - Accused is third generation cousin of victim - Victim stated that accused committed rape at the point of knife - However, no knife either discovered or recovered from accused or anyone else alleged to have been used at the time of commission of crime - Victim alleged..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Non-examination of sole eye witness - No reason given by prosecution as to why brother of deceased who is eye witness to incident not examined - There is no attempt to recover knife from accused, as it is specific case of prosecution that accused committed the offence by threatening to harm prosecutrix - Even, no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Accused forcibly took victim to a deserted place, kept her in a room throughout the night and committed rape on her and thereafter next day in the night he left her outside the..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Rape - Accused and victim are living as husband and wife and now they have settled their dispute - Both the parties are major - Therefore, further criminal proceeding would amount to harassment and marital life of accused and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Indian Penal Code, 1860, Section 376(2)(n), 342, 506, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6 -- Rape - Compromise - Accused and complainant have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - Moreover, when disputes have been settled by mutual compromise, then no useful..........
Indian Penal Code, 1860, Section 376(2)(D), 506, 34 -- Rape - Incriminating evidence not put to accused in their statement recorded u/s 313 Cr.P.C. - Same cannot be considered by Court - Judgment of acquittal set aside - Matter remanded...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
