Indian Penal Code, 1860, Section 376(2) -- Rape of 3-1/2 years old minor girl - Testimonies of two seven years old boys/eye witnesses coupled with confessional statement of accused clearly made out that accused had committed rape on prosecutrix - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376(2) -- Rape of 3-1/2 years old minor girl - Reduction of sentence - Accused was 27 years old at the time of sentence being passed and not involved in any other case - It was a matter of moment when accused may have been overcome with lust, but accused may not have been cruel in dealing with prosecutrix and may have realised his mistake..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Victim solemnized marriage with accused and couple is stated to be residing happily with each other - Male child has also been born from said wedlock - Possibility of conviction is also..........
Indian Penal Code, 1860, Section 376, 420 -- Rape - Compromise - Matter between parties settled in view of compromise - Victim has solemnized marriage with accused after attaining age of majority - Couple is stated to be residing happily with each other - Possibility of conviction is remote and bleak and continuation of criminal case will cause injustice to parties -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Rape case - Proposed accused are parents of co-accused - Merely because prosecutrix has alleged that proposed accused were present at the time of occurrence, same is not sufficient enough for persuading Court for using its extraordinary power u/s 319 Cr.P.C to summon them - Application rightly..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- - Cancellation of bail - Kidnapping and rape - Cancellation of bail sought on the ground that accused was declared proclaimed..........
Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(I), 5(n), 6 -- Rape - Prosecutrix categorically stated in her statement that she has two children and they are being taken care of by accused and she is leading a happy married life with accused - Therefore, taking in view of subsequent events that have been brought to notice of Court, conviction..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Bail - Rape - Cancellation of bail - Conduct of accused during bail has evoked a bona fide fear in the mind of complainant that she would not get a free and fair trial if he remains enlarged on bail and there is a likelihood of his influencing the material witnesses - Order..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 506II, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, 5(l) -- Third bail application - Kidnapping and rape of 11 years old girl - Prosecutrix categorically stated in her statement that accused abducted and committed rape upon her several..........
