Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154 -- Rape of 9 years old minor girl - Prosecutrix turned hostile and failed to identify accused in dock - It cannot be a relevant fact and reason for acquittal of accused, particularly when medical evidence fully corroborates the offence of rape committed upon prosecutrix...........
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 313 -- Rape of 9 years old minor girl - Examination of accused - Serological report not put to accused u/s 313 Cr.P.C, and plea raised by accused that he is prejudiced in his defence - Contention first time raised before Supreme Court - Even otherwise, serological report being available, it..........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154 -- Rape of 9 years old minor girl - Prosecutrix turned hostile - Deposition of prosecutrix was recorded nearly 6 months after occurrence - It was thus, sufficient time and opportunity for accused to win over prosecutrix and PW1 by a settlement through coercion, intimidation, persuasion and undue..........
Indian Penal Code, 1860, Section 366A, 344, 376(2)(g), 109 -- Kidnapping and rape - No allegation of rape in complaint filed by father of prosecutrix - Levelling allegation against eight persons with regard to rape out of whom police did not submit charge against other accused except present accused stands acquitted by Court below shows that prosecutrix has cooked up a..........
Indian Penal Code, 1860, Section 376 -- Rape - Sexual intercourse on pretext of marriage - Love affair between prosecutrix and accused - It is not proved that accused had no intention to marry prosecutrix at the first time of intercourse - It is only when father of accused refused to accept prosecutrix as his daughter-in-law that actual marriage did not take place -..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Prosecution failed to prove the offence of rape committed by accused - Accused has already undergone entire sentence since no bail was granted by High Court - Prosecutrix shall refund the amount of Rs.30,000 paid by accused with 6% interest p.a, if payment was made by accused...........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Forcible sexual intercourse - Some injuries and marks of struggle, may be of minor type, were bound to appear on the person of prosecutrix and accused - However, nothing of that sort was observed by doctors, who medically examined prosecutrix and accused - Prosecution failed to prove its case beyond a shadow of reasonable..........
Indian Penal Code, 1860, Section 376(2)(N) -- Rape - Consensual relationship between prosecutrix and accused as per evidence of prosecutrix - Accused was known to prosecutrix from 2013 - Sexual relationship developed between parties - Prosecutrix stayed with accused in the same house even after she got engaged - FIR lodged after delay of more than one year - No video..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 368, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Bail - Rape of married woman - Prosecutrix is aged about 30 years and a married woman - She travelled with accused and stayed with him for about one month - FIR lodged on an application..........
Indian Penal Code, 1860, Section 366, 376(2) -- Kidnapping and rape - Prosecutrix not named accused and did not identify him in Court room - She stated that obscene acts were done by one other person - Prosecutrix stated that her mother asked her to say so - Medical evidence not supported prosecution case - Statements of prosecutrix and her mother do not inspire confidence..........
