Indian Penal Code, 1860, Section 363, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Evidence of victim - Victim was proved to be child on the date of incident within meaning of POCSO Act - She was giving two different versions regarding incident, which casts serious doubt about truthfulness of her version - Victim..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8 -- Bail - Kidnapping and rape - Victim left home of her parents secretly with her belongings by her own will and she had surrendered to physical desires of accused out of her love and affection for him - It is not the..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim that she was forced to marry `K' and that she was kept as wife of accused `K' - No allegation whatsoever that she was subjected to sexual intercourse by accused `K' - No substance of charge u/s 376 IPC - Conviction of `K' u/s 376 IPC cannot be sustained...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Medical evidence - Human semen stains were found on both the salwars of prosecutrix - However, it was only DNA extracted from salwar which was worn by prosecutrix at the time..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Incident occurred in the middle of field of accused and at that time there was nobody in surrounding fields - Accused dragged prosecutrix for a considerable distance from..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Kidnapping and rape - Parties settled their disputes and entered into compromise - However, offence u/s 376(2)(n) IPC is no, compoundable offence, as offence is not personal in nature and it would affect society - Having regard to nature of..........
Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Prosecutrix herself assisted accused and his family in planning for accused's marriage and had gone along with him to purchase Sherwani and Pagri for his marriage - Besides, prosecutrix was duly invited in marriage ceremony of accused and she had made willful gesture of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Statement of informant and victim shows that petitioner and co-accused were involved in commission of crime and they also participated in incident - Whether..........
Indian Penal Code, 1860, Section 376, 511 -- Reduction of sentence - Rape - Accused already undergone 02 years, 08 months and 28 days, out of total sentence of 03 years - Keeping in view peculiar facts and circumstances, sentence of accused reduced to period already undergone by him - However, fine imposed upon accused by trial Court shall remain intact...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 204, 328, 384, 506 -- Bail - Offence u/ss 376(2)(n), 204, 328, 384, 506 IPC - Variation in FIR version and statement recorded u/s 164 Cr.P.C., therefore culpability of petitioner yet to be established during course of trial - Bail granted...........
