Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f)(i)(m), Protection of Children from Sexual Offences Act, 2012, Section 5(i)(m)(n), 6 -- Delay in lodging FIR - Rape of 12 years old girl by her own father - Prosecutrix was in custody of accused and had threatened to her life, as a consequence she was not able to report the incident to..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Prosecutrix was minor on the date of commission of offence - Her consent therefore, not relevant - Delay in lodging FIR also not relevant, as at the time of commission of offence, parents of prosecutrix were not at home and she was all alone in the house - Incident was witnessed by PW11, who is cousin brother of..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 154 -- Rape by uncle - Delay in lodging FIR - Minor intelctually impaired, raped by her own uncle - Parents far away from home at the time of incident - Waiting period for mother to come quite natural - Mother on her return waited for matter to be resolved at family level first - But nothing..........
Indian Penal Code, 1860, Section 376(2)(i), Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Delayed FIR - Rape of 8-1/2 years old girl - FIR lodged next day of incident by mother of victim - Mother of victim explained the reason for delay while she was examined before Court - Moreover, in rape cases..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - Sexual intercourse on pretext of marriage - Charge stands belied when prosecutrix permitted accused to sexually access her even when accused resiled from his promise and there is delay in lodging FIR - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 457 -- Rape - Lurking house trespass at night - Circumstantial evidence - Allegation that accused entered in the house of prosecutrix at night and pointed a 12 bore katta on her and committed the offence - However, said 12 bore katta not recovered - No injury on private or other parts of body of prosecutrix - Even semen was not found..........
Indian Penal Code, 1860, Section 376 -- Rape of 50 years old lady by 20 years old accused - Delay of 33 days in lodging FIR not explained - Prosecutrix a matured lady of around 50 years of age and working as a Head Mistress in Government School - It is unbelievable that despite commission of rape upon her in the year 2012, she has not reported the matter either to police..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2) -- Delay in lodging FIR - Rape of 7 years old girl - FIR lodged on the next day of incident - Incident took place at night - Though police station is 5 kms away from village but due to night informant lodged FIR on the next day - Thus, delay in lodging FIR satisfactorily explained...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f), 506 -- Delayed FIR - Rape of minor girl aged 9 years by her uncle - Delay of 3 days in lodging FIR by PW1 after eliciting information from her daughter - Inconsequential as it is not easy to lodge complaint of this nature exposing prosecutrix to risk of social stigma, particularly when..........
