Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Consenting party - Age of prosecutrix as per ossification test in the absence of any other evidence is above 16 years - Both accused and prosecutrix were familiar with each other and she was on visiting terms at accused's residence - Nothing on record to show that prosecutrix was in forcible detention, as..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Compromise - Rape - Accused performed marriage with complainant which was the alleged promise made to her when they developed physical relationship about 10 years ago - They are leading a blissful married life - Grievance of complainant gets redressed..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 366, 376, 342 -- Summoning of additional accused - Revision filed against order summoning additional accused - In the mean time accused acquitted as prosecution case not proved - This order became final as no appeal filed thereagainst - Impugned order of summoning of additional accused quashed...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape of minor girl - Appreciation of evidence - There is absolutely no material variation in statement of witnesses - Even, discrepancy as pointed out by counsel is very minor and is of little consequence as Court is required to see veracity of evidence on record - Moreover, informant, his wife and..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 53A -- Rape - DNA Test - Court can compel person male or female to submit for DNA test after incorporation of S.53A of Cr.P.C., DNA test of accused is unavoidable in case of rape...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 504, 506 -- Anticipatory bail - Rape - Promise of marriage - Prosecutrix a young educated girl consented to have sexual intercourse with accused on the promise of marriage - She being fully aware of consequences of having sexual intercourse with a man before marriage - Promise to marry cannot..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 376 -- Juvenile - Rape - Offence u/s 376 IPC committed on more than one occasion - Juvenility has to be seen when last of such incidents had occurred...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Absence of external and internal injury on parts of body of prosecutrix - Raises doubt about involvement of accused as prosecutrix specifically alleged that there was struggle between her and accused for 10 minutes...........
Indian Penal Code, 1860, Section 376 -- Rape on married woman - Semen gathered from prosecutrix is of `O' group - Admittedly, blood group of husband of prosecutrix not examined - Since, prosecutrix is married lady who stayed together with her husband in previous night of date of occurrence, without examination of husband blood group/semen, Court below should not have..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376 -- Examination of accused - Offence u/s 376 IPC - Chemical examination report and Serological Report not put to accused in his statement - Therefore, said incriminating material evidence cannot be used against accused...........
