Indian Penal Code, 1860, Section 376 -- Rape - Consent - Unless there is voluntary participation by the woman to a sexual act after fully exercising the choice in favour of assent, Court cannot hold that the woman gave consent to the sexual intercourse...........
Indian Penal Code, 1860, Section 376 -- Rape - Minor girl - Plea of consensual sex - Victim was allured to accompany accused on false pretext that accused will be marrying with victim - Marriage was never solemnized and accused/appellant in the garb of marriage committed rape with her - Plea of consensual sex - Held, since victim was below 16 years, consent, if any, was..........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Held, if victim is below 16 years as on date of incident her consent in the act of sex is immaterial - In present case, victim was above 16 years of age, on the basis of school certificate as well as on the basis of Radiologist report - Any prudent person will come to conclusion that girl was a consenting party to..........
Indian Penal Code, 1860, Section 376, 306, Evidence Act, 1872, Section 32 -- Rape & abetment of suicide - Acquittal - Validity - Text of dying declaration does not suggest that rape had been committed forcibly or without consent of victim - Accused was nearly at least 5 years younger and he was not in a position to apply any force - Suicide was committed not because of..........
Indian Penal Code, 1860, Section 376, 363 -- Rape - Proof - Prosecutrix minor at the time of alleged incident - Prosecutrix specifically stated that she was raped by appellant while in confinement which fact is corroborated by MLC where her hymen has been found to be ruptured - No material on record to disbelieve testimony of prosecutrix - Pleas of consent immaterial -..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Prosecutrix is supposed to attack the appellant like a wild animal but she did not even resist - Held, conduct suggests that there was consent of prosecutrix...........
, Section 376(2)(g), 114A - - Gang rape by teachers of their student - Presumption as to absence of consent - There was a fiduciary relationship between accused and prosecutrix being in their custody and they were trustee - Held, it became a case where fence itself eats crop and in such a case provisions of S.114-A of Evidence Act are attracted - No attempt had ever been..........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Prosecutrix admitted that accused has not forced her or threatened her and she had not resisted or obstructed sexual contacts - Evidence of doctor is also that there was no marks of violence to her body and she had not spoken about any violent acts also with regard to alleged rape - Story regarding promise to marry..........
Indian Penal Code, 1860, Section 376 -- Rape - Held, what is relevant in considering whether offence u/s 376 IPC is attracted, is to find out whether there was sexual intercourse as against will and without consent...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction - Validity - Appellant alleged to have committed rape on prosecutrix when she went to bring some salt for purpose of cooking from his house - She raised alarm but nobody could hear and appellant also asked her not to shout and promised to marry her - No evidence on record to dislodge medical evidence regarding..........
