Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and gang rape - Sole testimony of prosecutrix - Prosecutrix did not know accused before the incident - Accused is a tantrik and took prosecutrix and committed rape upon her in the jungle with the help of co-accused - Nothing elicited from statement of prosecutrix, which can be termed as material contradiction -..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Prosecutrix was major on the date of incident - Informant had knowledge of the fact that prosecutrix was married with accused on her own sweet will - Even otherwise, prosecutrix herself admitted that she visited different places along with accused without any protest and complaint to anyone - No offence..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Discharge - Kidnapping and rape - Dispute as to real age of prosecutrix - There is grave suspicion whether on date of occurrence prosecutrix was major or minor - Age of prosecutrix has to be determined as per R.12 of Juvenile Justice Rules, 2007 - Therefore, trial Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 376(2)(f), 506 -- Appeal against acquittal - Leave to appeal - Rape - Prosecutrix not levelled allegations of rape in her first version before police - Allegations of rape levelled by prosecutrix after period of 8 days from date of occurrence - Civil disputes pending between parties relating to..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 376, 306 -- Appeal against acquittal - Leave to appeal - Rape - Abetment of suicide - No evidence against accused found by I.O while conducting investigation - Family members of deceased not supported prosecution story and turned hostile - Prosecution failed to give any cogent and reliable..........
Indian Penal Code, 1860, Section 376 -- Rape - Existence of preponderance of probability - Not sufficient to establish prosecution case, which must be proved beyond all reasonable doubt, which prosecution failed - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Testimony of prosecutrix - Accused was known to prosecutrix - He allegedly entered house of prosecutrix through plastic roof and committed offence on her - Prosecutrix claimed to seen the torn ceiling from where the accused made his entry only in morning - However, it is suspicious as to how the destruction was not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Third bail application - Kidnapping and rape - Earlier two bail applications of accused dismissed before examination of prosecutrix - No definite opinion about sexual assault committed on prosecutrix in her..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused of an offence of rape can be convicted on the sole testimony of prosecutrix, provided same is of sterling quality leaving no shadow of doubt over her veracity...........
