Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay of 10 days in lodging FIR - Delay properly explained as accused threatened prosecutrix not to disclose the matter to anyone - Prosecutrix aged 9 years who was under threat disclosed the incident to her mother belatedly - Explanation offered by prosecution does not gripped with..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual intercourse - Delay in lodging FIR not explained - Husband of prosecutrix and accused were friends for the last 14/15 years - Accused had visiting terms at the victim's residence and had stayed overnight there on various occasions - Prosecutrix had no ulterior motive to implicate accused to have physical relations..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 380, 506 -- Kidnapping and rape - Accused acquitted viz: (i) inordinate delay in lodging FIR unexplained, which raises doubt on credibility of prosecution case and chance of false implication; (ii) All witnesses except formal witnesses produced by prosecution are interested hence, their evidence cannot be relied upon;..........
Indian Penal Code, 1860, Section 376, 342, 323, 506 -- Rape - Age of prosecutrix proved to be 17 to 18 years - Prosecutrix herself stated that she was not forcibly taken away by accused and she followed him voluntarily - She also stated that she had indulged in sexual intercourse with accused even prior to incident of rape - Case was registered against accused because..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 377, 498A -- Anticipatory bail - Rape - Unnatural offence - Accused committed unnatural intercourse with his wife without her consent - S.377 IPC provides for voluntary carnal intercourse against order of nature with any woman - Word woman includes wife of man - Application for anticipatory..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegation regarding rape not specific about time and place of rape - Simply leveling allegation that accused raped prosecutrix on the promise of marriage is ill-founded particularly, when same was subsequently denied by prosecutrix - More so, prosecutrix refused to submit herself for medical examination and thus, there is no..........
Indian Penal Code, 1860, Section 376(2)(g), 506, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Gang rape - Allegation against accused `S' wife of accused `D' that she used to call prosecutrix in her house and when her husband committed rape on prosecutrix she not only bolted door of room but also guarded the same - Version of prosecutrix on face..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused raped his cousin and thereafter had promised to marry her - Accused and prosecutrix had sexual intercourse on three occasions as well as on promise of marriage given by accused - Prosecutrix became pregnant and gave a birth to child - Accused refused to marry prosecutrix - High Court accepted the version of prosecutrix..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise of marriage - Reduction of sentence - High Court rightly accepted the version of prosecutrix and while affirming conviction of accused, reduced the sentence from 7 years to 2 years R.I with fine of Rs.35,000, in default thereof to undergo further period of 6 months as simple sentence - No interference warranted in the..........
Indian Penal Code, 1860, Section 376, 302, Evidence Act, 1872, Section 45 -- Rape and murder of 8 years girl - Report of DNA profiling - Prosecution failed to prove that accused was in contact with body of deceased before her death rather contrary is proved that body of accused was in touch with the dead body of deceased after incident has taken place, when dead body was..........
