(A) Penal Code (45 of 1860) , S.363, S.366A, S.376— Protection of Children from Sexual Offences Act (32 of 2012) , S.3, S.4, S.2(1)(d)— Evidence Act (1 of 1872) , S.35— Kidnapping and rape - Age of prosecutrix - Determination - Entries in Dakhil Kharij Register regarding date of birth of prosecutrix made on basis of certificate of 8th standard - Entries made in Dakhil Kharij Register at time of admission of prosecutrix in 1st standard not placed on record - Non-examination of aunt of prosecutrix who recorded date of birth of prosecutrix in school record - Prosecutrix and her parents unable to state exact date of birth or age of prosecutrix - Doctor also opined that physical appearance of prosecutrix appears like major person - Held, prosecution failed to establish that prosecutrix was below 18 years of age.

(Para 12)

(B) Penal Code (45 of 1860) , S.363, S.366A, S.376— Protection of Children from Sexual Offences Act (32 of 2012) , S.3, S.4— Evidence Act (1 of 1872) , S.3, S.154— Kidnapping and rape - Proof - Accused persons allegedly kidnapped prosecutrix aged 14 years and took her away with them thereafter one of the accused committed forcible sexual intercourse with her - Testimony of prosecutrix that at time of alleged incident, her hands were tied up and she made to fall down, due to which she suffered injuries in her hands and on her back - Medical evidence not showing any bodily injury on prosecutrix - Doctor opined that prosecutrix was habitual to sexual intercourse - Mother of prosecutrix turned hostile - Prosecutrix stated that after incident, her parents and other persons came searching for her and seeing them, accused persons took her on their motorcycle and left her at place from where they had picked up her - But, father of prosecutrix deposed that on day of incident, he, his wife and his son present at home and prosecutrix returned home weeping and narrated incident - Contradiction found in statement of prosecutrix and other witnesses - There being two accused persons but allegations of rape levelled only against one accused showing relationship of prosecutrix with that accused - Therefore, alleged act of rape committed by one accused only - Accused persons entitled to acquittal.

(Para 13 14 17 18)

Criminal P.C. (2 of 1974) , S.439— Bail - Application for - Offences u/Ss. 120-B, 302, 307 and 34 IPC and Ss. 25 and 27 of Arms Act - Accused alleged to have conspired with co accused to commit murder - Complainant in his statement had not specifically assigned any role to accused - No accusations of accused to be present at time of occurrence or to have actively participated in same - In disclosure statement of main accused, there was mention of accused to have conspired to take care of litigation, if any, arising, in pursuance of case registered against co-accused persons, and also to make arrangements of funds to pursue litigation - Accused is in custody - Challan already presented - No witness examined - Conclusion of trial likely to take time, more particularly in view of restricted working due to Covid-19 pandemic - Bail, granted

(Para 9 10)

Criminal P.C. (2 of 1974) , S.439— Bail - Application for - Offences u/Ss. 120-B of IPC and Ss.13(1), 7A of Prevention of Corruption Act, 1988 - Accused persons alleged to have demanded bribe to complainant Investigation already completed - Trial of case yet to start - Conclusion there of likely to take time - Co-accused already granted bail - Accused persons entitled to bail on parity - Bail, granted.

(Para 6 7)

Criminal P.C. (2 of 1974) , S.438— Anticipatory bail - Entitlement - Offences registered under Ss.406, 420 and 114 of IPC - Since custodial interrogation of applicant not further serve any purpose - Considering facts of case, nature of allegations, gravity of offences, role attributed - Applicant entitled to be released on anticipatory bail

(Para 6)

Penal Code (45 of 1860) , S.363, S.366— Protection of Children from Sexual Offences Act (32 of 2012) , S.6— Evidence Act (1 of 1872) , S.118— Kidnapping and sexual assault on minor - Testimony of prosecutrix - Credibility - Allegations that accused and minor victim had love relationship and being called by accused, prosecutrix left her house, thereafter he committed sexual assault on her - Material placed on record establishing prosecutrix was below 16 years - Prosecutrix deposing that on various occasions accused developed sexual relationship with her on pretext of marriage and on date of incident, he called her to place of incident - Testimony of prosecutrix not rebutted during her cross-examination, hence credible - Conviction, proper.

(Para 7 8 9)