Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix - Testimonial potency of version of a rape victim cannot be put on par with an accomplice as she is in fact a victim of crime - If for some reason Court is hesitant to place implicit reliance on testimony of prosecutrix it may look for corroboration required in the case of an accomplice - However,..........
Indian Penal Code, 1860, Section 376 -- Rape of minor aged 5 years by her own father - False allegation - Accused pleaded that mother of prosecutrix leveled false allegations against him - Plea rejected as it is unlikely that mother would level such false allegations against her own husband by putting the honour of her own daughter at stake...........
Indian Penal Code, 1860, Section 376 -- Rape of minor aged 5 years by her own father - Prosecutrix capable enough to understand material questions put to her as she stated that her father removed her panty and committed rape on her - Medical evidence fully corroborates the version of prosecutrix - Mother of prosecutrix to whom prosecutrix narrated the entire incident..........
Indian Penal Code, 1860, Section 376 -- Rape of minor aged 5 years by her own father - Quantum of sentence - Accused convicted and sentenced to undergo R.I of 10 years which is minimum sentence prescribed u/s 376(2)(f) IPC - No interference warranted as an act of rape is a gruesome and abhorring act particularly when this act is committing by a father upon his own daughter..........
Indian Penal Code, 1860, Section 302 -- Honour killing - Run away couples - Investigation - Every case of honour killing shall be considered for entrustment a high power officer for investigation not below the rank of a Deputy Superintendent of Police and under the direct control and supervision of Senior Superintendent of Police...........
Indian Penal Code, 1860, Section 302 -- Honour killing - Run away couples - Rebellious marriage - Directions issued by Court to police and State: (i) there shall be separate cell in every police district for receiving complaints from couples expressing fear of physical annihilation from parents, relatives and Khaps; Police shall make no attempt to compel adult couples to..........
Indian Penal Code, 1860, Section 302 -- Honour killing - Run away couples - Rebellious marriage - Police protection - Police must protect immediately run away couples - Even Executive Magistrate has powers under Cr.P.C to take written assurances of good conduct, who have criminal propensities...........
Indian Penal Code, 1860, Section 302 -- Honour killing - Run away couples - Rebellious marriage - Deceased wife was taken from the lawful company of petitioner and was killed - Investigation was in progress and police have not collected any incriminating materials against accused persons - Held, Director General of Police directed to constitute a Special Investigation Team..........
Indian Penal Code, 1860, Section 147, 149, 302, 201, 342, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 147, 149, 302, 201 & 342 - Name of petitioner not mentioned in FIR and he was subsequently implicated only on the basis of disclosure statement of co-accused - No specific role attributed to accused - Pws have not supported the prosecution case -..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Word `sasuralwale' is not ambiguous and specifically includes husband and relatives of husband normally residing under same roof...........
