Indian Penal Code, 1860, Section 363, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Minor left voluntarily her house and solemnized marriage with petitioner - Thereafter, High Court gave protection to run away couple with direction that protection would not hamper any proceedings under Prohibition of Child Marriage Act, 2006 - Marriage has..........
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 363, 376, 506(II) -- Kidnapping and rape - Love affair between parties - Accused and prosecutrix knew each other - Prosecutrix admitted everything and there is nothing which goes against accused - PWs admitted that prosecutrix knew accused prior to date of incident - Prosecutrix did not mention her exact date of birth on oath while..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Prosecutrix specifically stated that she joined the company of accused with her own volition, without any pressure from the side of accused - Thereafter, she remained in the company of..........
Indian Penal Code, 1860, Section 363, 376(AB) -- Kidnapping and rape of 8 years old girl - Direct evidence of prosecutrix, PW2, PW14 is on record and there is evidence of seeing accused running from spot carrying trouser in his hand immediately after incident - Evidence of said witnesses fully corroborated by medical evidence and other witnesses - Age of prosecutrix at the..........
Indian Penal Code, 1860, Section 363, 376(AB) -- Kidnapping and rape of 8 years old girl - Death sentence - Rarest of rare case - There was no external injury on the body of prosecutrix except ruptured of hymen - Said injury was ordinary in nature - However, there is no other injury on the body or private parts of prosecutrix - Manner in which offence is committed is not..........
