Indian Penal Code, 1860, Section 376, 313, 506 -- Rape - Delayed FIR - Occurrence took place about 3 to 4 months prior to lodging of FIR - No reasonable explanation given for the delay - More so, prosecutrix herself admitted that there is enmity between her family and family of accused and civil litigations are pending between parties - There is shadow of doubt on FIR..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay of 10 days in lodging FIR - Delay properly explained as accused threatened prosecutrix not to disclose the matter to anyone - Prosecutrix aged 9 years who was under threat disclosed the incident to her mother belatedly - Explanation offered by prosecution does not gripped with..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual intercourse - Delay in lodging FIR not explained - Husband of prosecutrix and accused were friends for the last 14/15 years - Accused had visiting terms at the victim's residence and had stayed overnight there on various occasions - Prosecutrix had no ulterior motive to implicate accused to have physical relations..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 380, 506 -- Kidnapping and rape - Accused acquitted viz: (i) inordinate delay in lodging FIR unexplained, which raises doubt on credibility of prosecution case and chance of false implication; (ii) All witnesses except formal witnesses produced by prosecution are interested hence, their evidence cannot be relied upon;..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Character of victim though not relevant in the matter but reference can be made - Victim had lodged another rape case after six months of this incident, in which one of present accused `S' is also an accused and her husband, PW5 and brother of accused `S' are witnesses - More so, victim is also an accused in rape..........
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - Delay of 5 days in lodging FIR - Prosecutrix being frightened could not disclose the incident to her parents immediately and after 5 days she reported the matter to her parents and thereafter FIR was lodged - Same explanation offered by prosecutrix when she appeared before Court -..........
Indian Penal Code, 1860, Section 376 - - Rape - Of a girl aged 16 years 3 months, without her consent - Delay in lodging FIR properly explained as prosecutrix did not inform the incident immediately and waited for 2 weeks to disclose to her mother as accused had taken her photographs and recorded her talk on mobile and threatened her from raising any kind of alarm -..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay in lodging FIR - No satisfactory explanation has been given to explain the inordinate delay of 1 month and 26 days in lodging FIR - Prosecutrix stated that she told her husband about the incident after 2-3 days and her husband kept mum for more than one month as he was discussing the matter with his family - It is very..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Acquittal - Legality of - Delay of six days in lodging FIR without any explanation - Allegation of marpeet with prosecutrix by fists and kicks in the FIR does not find support in her testimony in Court - Material contradictions regarding manner in which alleged injuries have been sustained by prosecutrix - Medical..........
Indian Penal Code, 1860, Section 376, 506, 384 -- Rape - Acquittal - Legality of - Prosecutrix although admitted her thumb impression on FIR, admittedly drafted by her advocate but she stated that she does not know the contents as application was written by her advocate according to his own will - She herself stated that false case against accused was filed due to enmity -..........
