Criminal Procedure Code, 1973, Section 439 -- Bail - Arrest of accused under Sections 363, 366 and 376 IPC - Age of prosecutrix about 15 years at the relevant time - Except the school certificate, there is no other evidence in relation to the age of the girl and the matter is one of the marginal age - Accused granted bail...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 439 -- Juvenile - Aged 15 years - Girl aged 13 years set on fire as she refused to develop love affairs with him and have wrong things with him - Accused not involved in any other crime and residing with his family - His..........
Indian Penal Code, 1860, Section 376 -- Rape of girl aged 5 years - Sentence - A rapist not only causes physical injuries but also indelibly leaves a scar on the most cherished possession of a woman i.e. her dignity, chastity, honour and reputation - Inadequate sentence would do more harm to the justice system - It is the duty of the Court to award proper sentence having..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction in sentence - Rape of minor girl of 9 years - Accused sentenced to life imprisonment - Accused did not inflict any grievous bodily harm - Nevertheless the extent of psychological harm cannot be measured - Conviction of life imprisonment reduced to rigorous imprisonment for ten years without remissions, furlough or..........
Indian Penal Code, 1860, Section 302, 376, 201 -- Girl aged 4/5 years kidnapped, raped and murdered - Circumstantial evidence - Pair of chappals and ball of deceased found in room where offence was committed - Blood stained underwear recovered from place of occurrence - All articles identified by father of deceased - Accused seen by PW6 carrying a sack and blue bag - Dead..........
Medical Negligence -- Delivery case - Caesarean operation performed and a baby girl delivered but resulting in the death of wife of appellant - Allegation that doctor failed to diagnose jaundice before performing an unnecessary caesarean operation - No symptoms of jaundice were exhibited or reported by the patient - No reason for doctor to suspect the same - In the light..........
Indian Penal Code, 1860, Section 363, 376, 300 -- Kidnapping, rape and murder - Dead body of minor girl recovered from pond in early morning - Accused immediately arrested and cloths worn by him sent for chemical examination - Accused could not give any rational explanation for presence of blood stains on his clothes mixed with semen - Evidence that accused was moving..........
Indian Penal Code, 1860, Section 302 -- Death sentence - Offence of kidnapping, rape and murder of minor girl - At the time of offence accused was 36 years of age and he was not involved in any other criminal case previously - Accused was a migrant labour and living in impecunious circumstances - Case does not fall within category of rarest of rare case - Sentence of death..........
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 341, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Cognizance - Accused forcibly took Adivasi girl in a car and tried to commit rape - Final report submitted by Police that case is false - CJM took cognizance on basis of materials in case diary -..........
Indian Penal Code, 1860, Section 376 -- Rape - 14 years old girl - Accused teacher - Defence - False case/false implication - Prosecutrix was afraid of her teacher - Incident of failing brother of accused a decade ago cannot be foundation of false implication - No girl of a tender age and her parents would like to jeopardise her entire future by falsely implicating a..........
