Showing : 1321-1330 of 1851 Results

ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 302, 376(2)(f)-- Rape and murder of girl aged five years - Death penalty - Accused not a criminal or dare-devil - Nothing on record to show that his antecedent has not been good and is history sheetor - Accused aged about 27 years - Accused did not escape after committing crime - Accused made no attempt to run..........
CHHATTISGARH HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 376, 34-- Rape - Age - Prosecution failed to prove the age of prosecutrix to be below 16 years - Doctor did not notice any injury on the person of prosecutrix and her hymen was old ruptured, there was no bleeding points, there was no discharge and no definite opinion given regarding commission of sexual..........
ORISSA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 376-- Rape of girl less than 16 years of age - Doctor opined that victim had not attained puberty and that her hymen is intact and found no injury in her vagina or labias - Allegation of commission of sexual intercourse can be safely held to be false - No interference in order of acquittal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Two accused - One committed rape - Conviction of both - Held, once the presence of two accused is shown at the place where the prosecutrix was subjected to rape then it is immaterial whether both the accused had committed rape or only one of them did it...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Consenting party - Prosecutrix 13/14 years of age - Once it is established that prosecutrix was less than 16 years of age then question of her consent does not arise...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 376(2)(g), Evidence Act, 1872, Section 114A-- Gang rape - Consent - Evidence of prosecutrix that she did not consent - Held, there is presumption u/s 114-A Evidence Act that prosecutrix did not consent...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Absence or presence of semen on the vaginal swab and the glass slides is not sufficient to hold that the prosecutrix was not subjected to rape - Law does not require ejaculation by the accused for holding him liable for the commission of offence of rape - Mere penetration is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - FIR - Delay of 2 days in lodging FIR - Prosecutrix 13/14 years of age - Father of prosecutrix was out of station and retuned home after two days when FIR was lodged - Held, delay is explained - Even otherwise, merely on account of delay in lodging FIR, the prosecution version cannot be..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 376-- Rape - Girl aged 5-6 years - Statement of prosecutrix and medical evidence amply showing that rape was committed - Prosecutrix an intelligent child and she gave statement without any influence of her parents - Nothing in cross examination that she is not speaking truth - Prosecutrix identified..........
ALLAHABAD HIGH COURT
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 376-- Rape - Two constables - Not known earlier - Names disclosed by others present after occurrence - Accused seen by prosecutrix for the first time of incident and secondly at time of recording statement during trial - Accused identified in Court - Identification parade not held - Gross negligence..........

Showing : 1321-1330 of 1851 Results