Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Kidnapping - Prosecutrix in her statements recorded u/ss 161, 164 Cr.P.C have not supported prosecution case - No medical evidence to support prosecution case - Ingredients of offence u/s 363 IPC not..........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Once Court believes version of prosecutrix, that is sufficient to establish offence punishable u/s 376 IPC - Failure of police to send sized articles to FSL ceases to have any significance in such a case...........
Indian Penal Code, 1860, Section 376, 450, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Evidence of prosecutrix is consistent with statements made in FIR - Not even a suggestion is given to prosecutrix that there was a consent by prosecutrix - Moreover, contradictions sought to brought on record in evidence of prosecutrix are of insignificant nature..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 328, 120B -- Bail - Rape - High Court while allowing bail application has not taken into consideration relevant aspects which are required to be kept in mind - Considering fact that charge sheet has already been filed, accused is already charge sheeted and relevant material is also now a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Delay in lodging FIR - Mere delay in lodging FIR will not help accused in their prayer for bail - Keeping in view age of victim and she having been allegedly put into fear of life,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376DA, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape of 14 years old girl - Offences alleged against accused are of serious and heinous nature - No plausible reason has been made out at this stage to cast any doubt on prosecution story - Investigation of case..........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Parties are in live-in-relationship and they both are major - They claim their decision to be based upon voluntarily will/option - Consequently, no authority or person should intervene or intercept their enjoyment of live-in-relationship - FIR quashed...........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 5m, 6 -- Rape - Prosecution not produced victim for her complete cross examination - Testimony of PWs and doctor being mere corroborative, would not support prosecution case as star witness i.e. victim was not subjected to cross - Accused in his statement u/s 313 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
Indian Penal Code, 1860, Section 302, 307, 324, 326, 34 -- Murder - Testimony of sole eye witness/PW6 - Inconsistencies and contradictions were found in evidence of PW6 - PW6 claimed to have sustained injuries on account of assault committed upon him - He was examined on next day, however, PW11 opined that age of injury was within one hour - Injuries which could be self..........
