Indian Penal Code, 1860, Section 376 -- Rape - Consent - False promise to marry - Merely because accused is now married and/or even that prosecutrix has subsequently married - Not a ground not to convict accused...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - False promise to marry - If it is established and proved that from inception accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such assurance by accused that he will marry her, such consent is said to be consent obtained on..........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and rape - Victim is a major and she eloped with accused in a preplanned manner and in order to make out a case of her abduction she has implicated other accused as well - No allegation against accused that they abducted victim to compel her to marry any person against her will or she was forced or seduced to..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix - Conviction can be based on sole testimony of prosecutrix but at the same time it must be impeachable and beyond reproach precluding any shadow of doubt over her veracity...........
Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506 -- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix - Prosecutrix..........
Indian Penal Code, 1860, Section 376, 354, 506, 34 -- Rape of minor girl by her own father - Victim aged about 14 years stated that her father/accused committed multiple times sexual intercourse since she was about 11 years of age - She became pregnant and her pregnancy was forcibly terminated by accused - DNA report establishing accused as father of unborn child -..........
Indian Penal Code, 1860, Section 376 -- Rape - In cases of rape, law does not require corroboration and therefore, if evidence of prosecutrix is believed, there is no bar to convict accused on her testimony alone...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 118 -- Competent witness - Offence u/s 376 IPC - Prosecutrix is considered as a competent witness vide S.118 of the Act...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 133, 114B, 114A -- Offence u/s 376 IPC - As prosecutrix is not an accomplice within the domain of S.133 of the Act therefore, her statement does not require corroboration within the meaning of Ss.114B, 114A of the Act...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Delay in FIR - Offence u/s 376 IPC - Delay per se is not a mitigating circumstance for accused when accusation of rape are involved...........
