Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Petitioner is aged about 68 years, and is behind bars since last about 9 months and till date only 4 PWs out of 21 PWs has been examined - Since detention of petitioner will not serve any useful purpose as conclusion of trial is likely to take some time - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Petitioners summoned with aid of S.319 of the Cr.P.C - Since trial is already proceeding pursuant to filing of charge sheet, it is certainly not a case where any custodial interrogation of petitioners is required - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- -Anticipatory bail - Rape of married woman - No medical evidence on record to support the case of complainant - Even documents on record suggestive of likelihood of a money dispute - It would be travesty of justice to send petitioner behind the bars - Bail granted...........
Indian Penal Code, 1860, Section 376 -- Rape - Fact that victim of rape is habitual to sex cannot be a valid defence against act of rape...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376 -- Cancellation of bail - Rape of 14 years old girl - Alleged rape is committed on a young girl - There is one statement on record that her age is 16 years, but for purpose of present matter it does not make much difference - Fact that victim of rape is habitual to sex cannot be a valid..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 341, 452, 506 -- Bail - Rape - Nothing suggestive from FIR of any act of rape committed by petitioner and there are only general and vague insinuation bereft if any details - Even, photographs on record are suggestive of a consensual relationship - More so, there is nothing corroborative..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 346, 506, 34 -- Bail - Offence u/ss 376, 346, 506, 34 IPC - Medical report does not support the case of prosecution - Even, trial is not likely to be concluded in near future - Bail granted...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Compromise - Allegation against accused is that he committed rape upon victim who is minor - Prima facie offence of rape is made out against accused - Role of other..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 114, 506, 120B -- Bail - Rape - Despite availing 9 opportunities by prosecution, prosecutrix has not come forward to depose in the case - It is appears that prosecutrix is intentionally delaying trial and for this reason, petitioner cannot be allowed to suffer - Moreover, FSL report in case..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B -- Bail - Rape - As per allegations, it is highly improbable to accept on the face of it that petitioner, in the presence of his parents and sister has done so - Even, there is no medical evidence to support allegations which have come belatedly - Moreover, it is highly improbable..........
