Indian Penal Code, 1860, Section 376 -- Rape - Evidence adduced by victim and her mother has clearly established offence against accused - Non-production of wearing apparels of victim cannot destroy prosecution case when there was better evidence and medical evidence also supported fact that there was some lacerated abrasion over left arm of victim - No prior enmity..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape of 3 years old minor girl - Prima facie evidence on record that accused has committed an inhuman act of rape on a minor girl of 3 years - Victim has narrated her ordeal in words as well as in signs and..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
Indian Penal Code, 1860, Section 376 -- Rape - Quantum of sentence - Accused has undergone actual imprisonment of 11 years - Ends of justice would be met by directing that instead of sentence of life imprisonment as imposed for conviction u/s 376 IPC, accused shall be sentenced to a term of 15 years imprisonment...........
Indian Penal Code, 1860, Section 376 -- Rape - Whether rape has occurred or not is a legal conclusion and not a medical one...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Accused contended that final report does not disclose commission of alleged offence by him - However, a bare perusal of statement made by victim u/s 164 Cr.P.C in explicit terms..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Ground urged by accused that medical opinion has not categorically opined about happening of alleged intercourse with victim, may not be attracted at this stage while considering bail..........
Indian Penal Code, 1860, Section 376, 511, 354 -- Nature of offence - Statement of victim shows that act of accused travels only upto offence defined u/s 354 IPC - Three witnesses mentioned in charge sheet not examined - Independent witness not examined though mentioned in FIR - Old enmity with complainant has also been pleaded by accused - There is no independent witness..........
Indian Penal Code, 1860, Section 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5, 6 -- Rape of 10 years old girl by her own father - Evidence of twin sister of victim - DW2 sister of victim asked victim about the incident whereupon victim stated that case was filed as instructed by their mother and grandmother - Victim also told DW2 that..........
Indian Penal Code, 1860, Section 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5, 6 -- Rape of 10 years old girl by her own father - Evidence of mother of victim - CW1, mother of victim was not offered as witness by prosecution and she was examined as a Court witness - She stated that incident was first told by victim to her grandmother,..........
