Indian Penal Code, 1860, Section 376, 380, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Marriage between accused and prosecutrix - Even if parties settled their matter and have entered into a matrimonial alliance, offence in question cannot be quashed in exercise of power vested in Court u/s 482 Cr.P.C - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Offence u/ss 363, 366A, 376, 120-B IPC & S.8 POCSO Act - No role specifically attributed to petitioner by victim in her statement u/s 164 Cr.P.C. and that all allegations have come about subsequently -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(D)(A), Protection of Children from Sexual Offences Act, 2012, Section 5(G), 6 -- Bail - Kidnapping and rape - Prosecutrix made no allegation against accused on the day when she was recovered - Subsequently under the pressure of her family she made allegation against accused - Bail..........
Indian Penal Code, 1860, Section 376 -- Rape - Refusal to undergo medical examination by prosecutrix is no ground to refute claim of rape...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix was blackmailed and forced into this defilement which was much prior to registration of case, which can only be gone into at the time of trial - She in her stand throughout has levelled allegations and how under threat and coercion accused used to defile her..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 384, 506 -- Quashing of FIR - Compromise - Rape - It is evident that complainant has solemnized marriage with petitioner no.1 - FIR itself shows that parties were in love with each other and it was subsequent on account of petitioner not having agreed for marriage that FIR came to be lodged -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Victim girl was more than 17 years old and was capable of understanding or answering questions put to her by Court - She was not kidnapped by taking undue advantage of her innocence - Charge..........
Indian Penal Code, 1860, Section 376, 302, 34 -- Rape and murder of minor girl - Merely because a ghastly crime has been committed, Court cannot reduce standard of burden of proof cast upon prosecution...........
Indian Penal Code, 1860, Section 376, 302, 34 -- Rape and murder of minor girl - Testimony of most important PWs 8 & 9 contains too many loop holes - There are too many links of circumstantial evidence which point away from guilt of accused - Inaction of both these witnesses leads to doubt about involvement of accused - Conviction and sentence set aside - Accused..........
Indian Penal Code, 1860, Section 376, 499, 506(2), Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Serious allegations made in the complaint - High Court committed error by quashing the proceedings even before investigation is completed by investigating agency - Order quashing FIR set aside...........
