Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Prosecutrix was only 16 years of age at the time of incident - She was found to be pregnant on her medical examination being conducted - Prosecutrix and her father have supported the case of prosecution - Prosecutrix who was a minor at the time..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Specific conditions as stipulated u/s 37 of NDPS Act for purpose of granting bail, cannot be ignored by Court while exercising power u/s 439 Cr.P.C, merely because some time elapsed since the date of arrest of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg Ganja - Accused was found driving vehicle at the relevant time and in the said vehicle contraband article in huge quantity of 140 kg was found concealed - Since such quantity makes out a voluminous package, it would..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Even if custodial interrogation is not required or necessitated by itself cannot be ground to grant anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - A material change in fact situation or law is sine qua non for a second application for pre-arrest bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person in judicial or police custody in some other offence - No bar in entertaining and deciding an application for anticipatory bail...........
