Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused was young in age and being a first offender prayed for some leniency in sentence - No lenient view can be taken in awarding sentence on the ground that accused was young and first offender - Moreover, accused should feel fortunate that he was already awarded a minimum sentence of 7 years as it..........
Indian Penal Code, 1860, Section 302, 363, 364, 376(2)(f) -- Rape and murder of minor - Death sentence - Accused person kidnapped 4 year old girl child, committed rape on her and then hit her with iron spade on vital parts of body and killed her - After considering minutest details, instant case does not warrant award of extreme sentence of death to accused - Therefore,..........
Indian Penal Code, 1860, Section 376 -- Reduction of sentence - Rape - Offence occurred 20 years ago - Compromise entered between victim and accused and case was closed - Both parties are married to different persons - Therefore, during existence of adequate and special reasons, lesser sentence can be awarded...........
Criminal Procedure Code, 1973, Section 237, Indian Penal Code, 1860, Section 376, 511, 294 -- FIR u/ss 376, 511, 294, 107 IPC - Charge sheet filed u/ss 376, 511 & 294 IPC - Charge with regard to offence u/s 376 erroneously framed - Only charge u/s 376 IPC be quashed and not the entire proceedings...........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence - Prosecutrix medically examined after three days of incident and her clothes were washed - Absence of semen or blood on clothes and body of prosecutrix cannot cast dent on prosecution version as it is only a corroborative piece of evidence...........
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 376 -- Rape of minor girl aged 9 years - Prosecutrix disclosed smudgy/smoggy details describing the whole incident regarding manner in which she was raped by accused - Prosecutrix despite of her tender age stuck to prosecution version as spelt out by her in her statement u/s 164 Cr.P.C. as well as in her examination-in-chief - No..........
