Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 376(3), 376(D), 366, 366A, 376DA, 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 18 -- Anticipatory bail - Offence u/ss 323, 376(3), 376(D), 366, 366-A, 376-DA, 511, 506 IPC & Ss.4, 18 POCSO Act - Initial occurrence took place when victim was a minor - However,..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376/506 IPC and Ss.3/4 of POCSO Act - Punishment not to be made under both the provisions of IPC and POCSO Act - Punishment higher in degree for one and same offence, as provided under POCSO Act and IPC is to be chosen and awarded...........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Rape - Sentence u/s 376 IPC and Ss.3/4 POCSO Act - Punishment not to be made under both the provisions - Punishment higher in degree under POCSO Act and IPC is to be chosen and awarded - Sentence u/s 4 of POCSO Act is greater in degree then of IPC - No..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Offence u/ss 363, 366A, 376, 120-B IPC & S.8 POCSO Act - No role specifically attributed to petitioner by victim in her statement u/s 164 Cr.P.C. and that all allegations have come about subsequently -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping - Two contradictory statements by prosecutrix u/s 164 Cr.P.C, belatedly after 15 days of incident - FIR based on hear say - No corroborative medical evidence on record to established defilement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 6 -- Bail - Offence u/ss 363, 366-A IPC and Ss.3, 4, 6 of POCSO Act - In absence of DNA report and the fact that prosecutrix not supported the case of prosecution while appearing in witness box and rather declared..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 365, 366A, 370A, 376D, 34, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 363, 365, 366-A, 370-A, 376-D, 34 IPC, S.6 POCSO Act and S.3 SC/ST Act - Prosecutrix and..........
Protection of Children from Sexual Offences Act, 2012, Section 38, Evidence Act, 1872, Section 119 -- Assistance of interpreter - Challenge against - Victim, aged 7 years, was provided with assistance of interpreter during cross-examination - Court found victim incapable of communicating her answer to Court or to understand the questions in their true sense - Appointment..........
Criminal Procedure Code, 1973, Section 216, 217, Protection of Children from Sexual Offences Act, 2012, Section 8, 11 -- Alteration/amendment of charge from S.11 to S.8 of POCSO Act - Specific allegations against accused on record that he had tried to remove prosecutrix from out of lawful custody and took her about 400 meters away from her house towards railway station -..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Age of prosecutrix - Prosecutrix stated that she had misrepresented her age to be eighteen years to accused just to accompany him - She categorically stated that had she not done so, accused would not have allowed her to accompany him -..........
