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...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
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..........
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..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 376(3), 376(D), 366, 366A, 376DA, 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 18 -- Anticipatory bail - Offence u/ss 323, 376(3), 376(D), 366, 366-A, 376-DA, 511, 506 IPC & Ss.4, 18 POCSO Act - Initial occurrence took place when victim was a minor - However,..........
