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RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 376 -- Rape - Change in place of incident from the room of prosecutrix to the room of accused - Both the rooms adjacent to each other - Not fatal to prosecution case and moreso when testimony of prosecutrix was recorded after four to five years after the incident and change of place of incidence can safely be attributed to lapse of memory...........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix should be accepted even if it was not corroborated by medical evidence...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Delay - In a case of gang rape, some delay is inevitable - Rape itself brings enormous shame to the victim and if there is some delay in lodging FIR it no way detracts the other credible evidence...........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Delay of about 14 hours in lodging FIR - In a case of gang rape some delay is inevitable - Medical report that injuries on the victim caused during commission of rape and that injuries could have been suffered within 24 hours or so - Time factor supports the factum of rape - Vaginal swabs sent to FSL found semen..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 433 -- Rape and murder - Imprisonment upto end of life - Legality of - Appellant convicted u/s 376(2) and 302 of the IPC for having committed rape and murder of a young girl 10 years of age and has been sentenced by trial court to imprisonment for life - It was further clarified that..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 5 years girl - Conviction on basis of last seen evidence and recovery of blood stained clothes - Death sentence - Held, there is no inflexible rule that death sentence cannot be awarded in a case resting on circumstantial evidence but Courts are as a matter of prudence hesitant in awarding this sentence in..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 376(2)(g), 366 -- Abduction and gang rape - Quantum of sentence - Accused convicted and sentenced to 10 years R.I. - State not filing appeal on question of sentence - No interference on this aspect at this belated stage...........

PATNA HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 376 -- Rape - Finding of doctor that there was no external injury and further that her hymen was firm and intact so much so that it was difficult to introduce a finger in her vagina - Evidence of prosecutrix not trustworthy - Prosecution case suffering from inherent improbability and appears completely absurd - Appellant and father of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 363, 366, 376, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(xii) -- Abduction and rape - Prosecutrix accompanied accused more or less in the same area, the accused was not having any firearm or any other lethal weapon with him - The prosecutrix had not shown her objection, resentment,..........

SUPREME COURT OF INDIA

Year of decision: 2011
Details

Indian Penal Code, 1860, Section 376 2)(g), 368 -- Gang rape - Accused took prosecutrix on cycle at knife point to the house of co-accused and committed rape on her on cot and space provided to the accused by co-accused - Held, mere providing space and cot and helping accused in wrongfully detaining prosecutrix will not warrant inference of common intention or meeting of..........

Showing : 1111-1120 of 2130 Results