Indian Penal Code, 1860, Section 201, 366A, 376, 302, Criminal Procedure Code, 1973, Section 235 -- Offence u/ss 201, 366A, 376, 302 IPC - Conviction - Imposition of death sentence - Principles of constructive res judicata - Can have no application to matters relating to life and death...........
Indian Penal Code, 1860, Section 363, 366A -- Kidnapping - Quashing of proceedings - Prosecutrix left the house of her parents at the age of 18 years and 2 month - She being major performed marriage with accused as per her own wish and accord - Prosecutrix living happily with accused as his wife and they blessed with a child - Continuation of criminal proceedings against..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 120B -- Anticipatory bail - Kidnapping - Victim was 17 years old at the relevant time, has moved out of house at dead of night of her own and contacted marriage with petitioner - Legality and validity of said marriage has never been challenged till date - Debatable issue having arisen..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 506, 120B, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Offences u/ss 363, 366-A, 376, 506, 120-B IPC and Ss.3, 4 POCSO Act - Perusal of FIR does not depict any role to petitioner in commission of offence - Petitioner is behind bars and that..........
Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Indian Penal Code, 1860, Section 458, 363, 366A -- Kidnapping - Sexual assault on minor girl - Accused kidnapped prosecutrix and raped her and also threaten her that if she objected he would kill her family members - Fact that prosecutrix was taken from one place to another and rape was committed by..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment - Kidnapping and sexual assault on minor girl - Accused entered house of complainant with two persons and forcibly took away prosecutrix - Name of co-accused though not appearing in FIR but subsequently his name appeared in statement recorded u/s..........
Protection of Children from Sexual Offences Act, 2012, Section 17, Indian Penal Code, 1860, Section 458, 363, 366A -- Abetment of offence - Kidnapping and sexual assault on minor girl - Reduction of sentence - Case of co-accused is different from main accused - There is no allegation against co-accused u/s 3 of POCSO Act - Sentence of co-accused thus, reduced to 7 years..........
Indian Penal Code, 1860, Section 366A, 34 -- Kidnapping - Age of victim - Any minor girl below 18 years of age comes under definition of S.366-A IPC, and Majority Act also provides age of majority 18 years - So far as question of reaching puberty under Muslim personal Law is concerned, that is for the purpose of marriage only - Victim held, minor on the date of occurrence,..........
Indian Penal Code, 1860, Section 366A, 344, 376(2)(g), 109 -- Kidnapping and rape - No allegation of rape in complaint filed by father of prosecutrix - Levelling allegation against eight persons with regard to rape out of whom police did not submit charge against other accused except present accused stands acquitted by Court below shows that prosecutrix has cooked up a..........
Indian Penal Code, 1860, Section 366A -- Kidnapping of two minor girls - No eye witness in the case except victim girls - No evidence on record that both the girls were induced with intent that they may be forced or seduced to have illicit intercourse with any person - They have not raised any objection at any point of time while travelling with accused in Tempo as well as..........
