SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114-- Gang rape - Absence of consent - Presumption as to - Prosecutrix deposed categorically that all six accused persons had raped her forcibly without her consent - Held, presumption can be drawn that she did not give consent to sexual intercourse committed on her by accused persons - Defence failed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, 511-- Attempt to rape - Prosecutrix 72 years of age and accused 25 years of age - In complaint to police demand of money was alleged - However in supplementary statement there was allegation of attempt to rape - Had the accused any intention to commit rape, he would not have demanded money - Complainant..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376(2)(g), Expl.1 & 34- - Gang rape - Common intention - Held, where there are more than one person acting in furtherance of their common intention of committing rape on a victim, it is not necessary that prosecution should adduce clinching proof of completed act of rape by each one of accused on victim...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154-- Rape - Delay in lodging FIR - Informant stated that after he found his daughter at about 1.00 A.M. at place of occurrence, they returned to their house at 2.00 A.M. and remained there till sunrise and thereafter lodged FIR - He further stated that delay from 2.00 A.M. to 6.00 A.M. in lodging..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, 302-- Rape & murder - Minor girl - Acquittal upheld as : (i) Prosecution failed to prove with clinching evidence that deceased was seen lastly in company of accused; (ii) Contradiction between recording of medical condition in Panchnama and medical examination conducted by doctor in so far as they..........
PATNA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 164-- Rape - Conviction - Validity - Conviction simply based on statement of victim recorded u/s.164 Cr.P.C. - No other substantial material to uphold conviction - Conviction liable to be set aside - Appeal allowed...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376-- Rape - Acquittal - Validity - In chief examination prosecutrix stated that accused raped her and immediately thereafter retracted the statement and stated that accused attempted to rape her - Prosecutrix declared hostile and cross examined - In cross-examination she again changed her version and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376-- Rape - Injuries not found on the prosecutrix - Held, presence of injuries is not a must to prove commission of rape...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 375, Fourthly, 376, 120A, 34- - Rape - Consent - Prosecutrix did not know that accused was already married - She gave her consent for sexual intercourse due to her marriage performed with accused - Held, crime falls within purview of S.375 (fourthly) and offence u/s.376 prima facie made out - Parents of accused were residing..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 323, 376, 511-- Attempt to rape and voluntarily causing hurt - Appellant alleged to have pushed victim on ground and tried to rape her when she was grazing cattle in field - When victim put up a strong resistance, accused inserted his fingers in her vagina and caused serious bleeding injury - Prosecution's case..........