Bharatiya Nyaya Sanhita, 2023, Section 65, 70(2) -- Rape - If more than one person is involved in offence of raping a victim under age of 18 years, they would not be charged u/s 65 BNS but u/s 70(2) BNS - Therefore, there is unlikelihood of a case being registered under both the sections i.e. S.65 & S.70(2) of BNS if there are more than one person involved and victim is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 70(2) -- Anticipatory bail - Rape - Word "and" appearing between the words "u/s 65" and "S.70(2)" in Section 482(4) BNSS shall have to be read as "or" to give effect to manifest intention of legislature - Embargo of S.482(4) BNSS would apply to any case involving the arrest..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 61(2), 137(2), 303(2), 308(2) -- Anticipatory bail - Rape - Victim was less than 16 years of age at the time of alleged offence as per date of birth certificate of victim girl issued by Registrar of Birth and Death - Prima facie, it appears that S.65(1) BNS would be..........
Indian Penal Code, 1860, Section 376 -- Rape - Independent witnesses have not supported prosecution case - Evidence of PWs 10, 11 and 12 is not consistent regarding filing of FIR - Violence of three witnesses also does not reveal why victim waited for so long, before making allegations against petitioner - Delay in lodging FIR not explained - Evidence of PWs 1 to 12 found..........
Indian Penal Code, 1860, Section 376(2)(n), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape - False promise of marriage - Accused was absolutely justified in panicking and backing out from proposed marriage upon coming to know of aggressive sexual behaviour and obsessive nature of complainant - Even though accused..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366A, 368, 376, 342, 370, 370A, 373, 109, 120B, 34, Immoral Traffic (Prevention) Act, 1956, Section 3, 5, 7, Protection of Children from Sexual Offences Act, 2012, Section 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 23 -- Bail - Kidnapping and rape - Forced..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of State - Such conduct not only burdens Courts, but blots identity of an individual accused of such a heinous offence...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of proceedings - Complainant engaged in a physical relationship alleging that appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Juvenile - Kidnapping and rape - Age of appellant on the date of incident was 17 years, 10 months and 18 days - He was thus, a juvenile on the date of incident - Admittedly, there are..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
