Indian Penal Code, 1860, Section 364A -- Kidnapping - Second condition "threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt' - Held, second condition is also a condition precedent, which is requisite to be satisfied to attract S.364-A of IPC...........
Indian Penal Code, 1860, Section 364A, 363 -- Kidnapping for ransom - Kidnapping of victim for ransom - Demand of ransom also proved - However, second part of provision of S.364-A IPC that victim may be put to death or hurt nor there is anything in the evidence on the basis of which it can be held that second part of condition is fulfilled - Accused is liable to be..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 366A, 344, 346, 376(DB), 120B -- Juvenile - Bail - Kidnapping and rape - Accused was a young boy aged less than 16 years on the date of incident - He was confined in observational home from last more than 2 years and 2 months - Accused does not have any criminal..........
Indian Penal Code, 1860, Section 420, 468, 120B -- Cheating - Forged document - Quashing of charge sheet - Allegation that accused have forged certain documents to change surname of his son in school record - However, during investigation, I.O has failed to collect any evidence to show that even a single document was prepared by accused for purpose of cheating - Charge..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape - Investigation of case is complete and challan stands presented - Custody of accused is not at all required by police - Statement of prosecutrix has been recorded by trial Court - Accused is neither in a position..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Statement of victim u/s 161 Cr.P.C is quite similar to version of complainant as stated in FIR and thereafter statement recorded by Magistrate has also no deviation from allegation of rape - Father of victim saw accused in torch light who ran away from spot - Statement of..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation of cruelty and unnatural death of deceased was made by complainant only after death of deceased - No evidence on record that accused demanded dowry as a consequence of marriage - Even, complainant stated in FIR that he voluntary gave bridal presents according to his capacity - Moreover, there..........
Indian Penal Code, 1860, Section 376 -- Rape - Insertion of finger by accused into the private part of prosecutrix is covered under the definition of offence `rape' as defined u/s 375 IPC...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of intellectually challenged 21 years old girl - Accused inserted his finger into vagina of prosecutrix which is duly corroborated by DNA report - Soil found on clothes of accused and prosecutrix matched the earth collected from the spot where sexual assault took place - Same is evident from FSL report -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, 417 -- Suspension of sentence during pendency of appeal - Rape - False promise of marriage - Prosecutrix gave her consent to have sexual intercourse with accused - She had knowledge that accused had his wife, but separated - Prima facie nothing has been shown to Court to substantiate plea of..........
