Civil Law Case
Civil Law Case
Civil Law Case
Case
In the matter of
State
Vs.
Mr. Abdul Atik & Ors
STATUES REFERRED
1) THE INDIAN PENAL CODE, 1860
2) THE CODE OF CRIMINAL PROCEDURE, 1973
RELEVANT SECTIONS
THE INDIAN PENAL CODE, 1860
S.366) Kidnapping, abducting or inducing woman to compel her marriage,
etc.Whoever kidnaps or abducts any woman with intent that she may be
compelled, or knowing it to be likely that she will be compelled, to marry any
person against her will, or in order that she may be forced or seduced to illicit
intercourse, or knowing it to be likely that she will be forced or seduced to illicit
intercourse, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine; 1[and whoever,
by means of criminal intimidation as defined in this Code or of abuse of
authority or any other method of compulsion, induces any woman to go from
any place with intent that she may be, or knowing that it is likely that she will
be, forced or seduced to illicit intercourse with another person shall be
punishable as aforesaid
S.376) Punishment for rape.- Whoever, except in the cases provided for by
sub-section (2), commits rape shall be punished with imprisonment of either
description for a term which shall not be less than seven years but which may be
for life or for a term which may extend to ten years and shall also be liable to
fine unless the women raped is his own wife and is not under twelve years of
age, in which cases, he shall be punished with imprisonment of either
description for a term which may extend to two years or with fine or with both:
Provided that the court may, for adequate and special reasons to be mentioned in
the judgment, impose a sentence of imprisonment for a term of less than seven
years.
(2) Whoever,
(a) being a police officer commits rape
(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the police
station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate
to him; or
(b) being a public servant, takes advantage of his official position and commits
rape on a woman in his custody as such public servant or in the custody of a
public servant subordinate to him; or
(c) being on the management or on the staff of a jail, remand home or other
place of custody established by or under any law for the time being in force or
of a womans or childrens institution takes advantage of his official position
and commits rape on any inmate of such jail, remand home, place or institution;
or
(d) being on the management or on the staff of a hospital, takes advantage of his
official position and commits rape on a woman in that hospital; or
(e) commits rape on a woman knowing her to be pregnant; or
(f) commits rape on a woman when she is under twelve years of age; or
(g) commits gang rape, shall be punished with rigorous imprisonment for a term
which shall not be less than ten years but which may be for life and shall also be
liable to fine: Provided that the Court may, for adequate and special reasons to
be mentioned in the judgment, impose a sentence of imprisonment of either
description for a term of less than ten years. Explanation 1.Where a woman is
A High Court or Court of Session may direct(a) that any person accused of an offence and in custody be released on bail, and
if the offence is of the nature specified in subsection (3) of section 437, may
impose any condition which it considers necessary for the purposes mentioned
in that sub- section;
(b) that any condition imposed by a Magistrate when releasing an person on bail
be set aside or modified: Provided that the High Court or the Court of Session
shall, before granting bail to a person who is accused of an offence which is
triable exclusively by the Court of Session or which, though not so triable, is
punishable with imprisonment for life, give notice of the application for bail to
the Public Prosecutor unless it is, for reasons to be recorded in writing, of
opinion that it is not practicable to give such notice.
(2) A High Court or Court of Session may direct that any person who has been
released on bail under this Chapter be arrested and commit him to custody.
29-10-2015
Final argument were given by the council and the bail was granted by the Court.
28-10-2015
Council of the accused filed a bail application in the court of R.K. Tripathi.
23-10-2015
The accused was arrested by the police officials of Govindpuri police station.
29-01-2015
FIR registered in Govindpuri police station under section 376,366,34 of inndian
Penal Code by the Nagma Complainant.
5-12-2013
Accused went to the house of the complainant to take her back.he was thrown
out of the house and was threatened
04-11-2014
Parent of the complainant took her from the company of the accused on pretext
that they need one month to complete rituals of marriage
10-07-2014
Accused and complainant got married