Indian Penal Code, 1860, Section 363 -- Kidnaping - Quashing of proceedings - Victim allegedly got married to petitioner of her own free will - She was not kidnapped or abducted by accused - Respondent No.4 being father of victim, however, not accepted said marriage - Criminal proceedings initiated only on account of ego - By initiating such proceedings, process of Court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 504, 506 -- Bail - Offence u/ss 307, 504, 506 IPC - Statement of victim categorically implicates that accused is the author of firearm wound received by him, which is on the most vital part of the body abdomen - Medical evidence supported version of victim - It is immaterial that a person who..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Rape of unmarried girl aged 20 years - Termination of pregnancy of 32 weeks - Pregnancy may be ordered to be terminated if length of the same is between 12 weeks to 20 weeks - Since the victim is in her 32nd week of pregnancy, which was in an advanced stage, it was not feasible to conduct abortion - However, Chief..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim aged 14 years was set ablaze by accused after raping her - She died after 2 months of incident - Incident was witnessed by brother of victim PW5 through a slit in the door - Victim stated her in dying declaration that she made hue and cry on commission of rape and also being threatened that she would narrate the..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused set ablaze the victim immediately after committing rape on her and on being threatened that incident would be disclosed by her to her mother - Incident occurred on the spur of moment - Accused intended to kill deceased after committing crime so as to silence her - Doctor also stated that..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Rape case - Delay of two days in filing the complaint cannot be said to be an inordinate delay particularly when victim is a child who is required to be carefully handled - Victim on the next day of incident conveyed such incident to her mother - In such circumstances, delay not fatal to prosecution case...........
Indian Penal Code, 1860, Section 376 -- Rape - Injury on the body of victim is not sine qua non for commission of an offence of rape - It is also not necessary that injury has to be substantive or there has to be full penetration for the purpose of establishing offence of rape...........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl by her teacher - Testimony of victim is consistent and fully corroborated by medical evidence in the form of testimony of Doctor who found red marks over genital parts for which she prescribed the medicines - Injury is not sine qua non for commission of offence of rape - Contention of accused that he is falsely..........
Indian Penal Code, 1860, Section 363, 366, 34 -- Kidnapping - Accused allegedly got down from their jeep, lifted the victim and pushed her inside the jeep - However, as per statements of PWs, victim along with her friend PW9 signaled the jeep to stop, and victim boarded the jeep but PW9 could not board the jeep due to rush - Essential ingredients of S.363 IPC missing -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - `Soon before death' - Victim approached her parental home just five days before occurrence and narrated her maltreatment and harassment at the hands of accused for demand of dowry and thereafter she committed suicide by consuming poison - Such act of deceased squarely falls within the expression `soon before death' -..........
