Criminal Procedure Code, 1973, Section 482, 164, 161, Indian Penal Code, 1860, Section 363, 366 -- Kidnapping of girl - Order letting victim to freely go to place of her choice - Quashing of - Magistrate passed said order on basis of statement of victim recorded u/s.164 Cr.P.C against very object of S.164 Cr.P.C. - Magistrate recorded statement within 15 days of her..........
Indian Penal Code, 1860, Section 376, 366, 365, 506 -- Rape - Petitioner seeking direction from High Court for registration of case against accused u/ss 376, 366, 365 & 506 IPC and for entrusting the same for investigation by CBI - Not a fit case for such direction when alternative remedy is available with the petitioner...........
Indian Penal Code, 1860, Section 376, 366 -- Rape - Consent of prosecutrix - Prosecutrix was more than 18 years of age on the date of commission of offence - Prosecutrix remained in the company of appellant for 1 month and 28 days - No report was lodged by father of prosecutrix when she was found missing - Conduct of prosecutrix shows that she was a consenting party..........
Indian Penal Code, 1860, Section 366, 376 -- Conviction - Age and consent of prosecutrix - No conclusive proof of age of prosecutrix placed on record - Neither birth certificate by Municipal Board produced nor able to prove that prosecutrix was minor on the date of occurrence - Letters written by prosecutrix to accused that she went with accused with her consent -..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366 -- Love marriage - Assailants parents side and victims in-laws side - Killing of four persons including husband - Trial Court awarded death sentence - High Court converted it into life imprisonment - Accused already served more than 8 years of their sentences - In the circumstances of case..........
Indian Penal Code, 1860, Section 302, 366, 368 -- Murder - Death penalty - Number of persons killed and shocking nature of crime not a criterion to determine whether death sentence should be imposed - Special reasons necessary for imposing death penalty must not relate to the crime as such but to the criminal...........
Indian Penal Code, 1860, Section 302, 366, 368 -- Murder - Death penalty - (i) Life imprisonment is the rule and death sentence is an exception - Death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant facts and circumstances of the crime; (ii) There must be special reasons for imposing the..........
Indian Penal Code, 1860, Section 366, 376(g) -- Prosecutrix below 18 years of age - Taken from the lawful guardianship without the consent of the guardian with an intention to commit an offence - Offence us/366 IPC is made out - R.I. of 3 years upheld...........
Indian Penal Code, 1860, Section 376, 363, 366 -- Kidnapping and gang rape - Delay of four days in lodging FIR - Witness in whose presence prosecutrix kidnapped not examined - Gang rape by four persons for number of days but doctor found no mark of injury around genitalia - There was no finding of recent sexual act - Accused acquitted...........
Indian Penal Code, 1860, Section 366, Criminal Procedure Code, 1973, Section 482 -- Marriage against wishes of father of wife - Father of wife lodged FIR u/s 366 IPC - Affidavit filed by wife that she married against wishes of her parents - Wife present in Court admitting averments of affidavit - FIR quashed...........
