Showing : 1251-1260 of 1871 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Accused can be convicted on the sole testimony of prosecutrix - However, this can be done only when it is supported by circumstantial evidence on record...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376, 366-- Abduction and rape - Prosecutrix 18 years of age - Accused and prosecutrix stayed in a rented house - Prosecutrix had free access to inmates of house and other people - At no stage she lodged a complaint about her abduction or questioned act of accused - Evidence of intercourse but there is no..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 366-- Rape and murder of 5 years girl - Death sentence - While deciding the question as to whether the extreme penalty of death sentence is to be awarded, a balance sheet of aggravating and mitigating circumstances has to be drawn up...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, 376-- Rape and murder of 5 years girl - Death sentence - (i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability; (ii) Before opting for the death penalty the circumstances of the `offender' also require to be taken into consideration along with the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 302, 376-- Rape and murder of 5 years girl - Death sentence - When the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death..........
KERALA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Penile penetration - There should be penile penetration to constitute rape - Partial penile penetration is sufficient to attract offence u/s 376 IPC...........
KERALA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 354, 376-- There is wide gap between mere using of criminal force to outrage modesty of a woman and commission of rape as defined under Ss.354 & 376 - A wide range of sexual assaults may fall within the gap...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent - Burden is not on victim to show that there was no consent - Question of consent is really a matter of defence by accused and it is for him to place material to show that there was consent...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent - Accused did not take up the plea of consent - Accused cannot be acquitted on ground that prosecutrix was consenting party - Burden is not on prosecutrix to prove that there was no consent rather it is for the accused to place material to show that there was consent...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 376-- Rape - Conviction on sole testimony of victim - If the totality of the circumstances appearing on record disclose that the prosecutrix does not have a strong motive to falsely involve the person charged, Court should ordinarily have no hesitation in accepting her evidence...........

Showing : 1251-1260 of 1871 Results