Indian Penal Code, 1860, Section 363, 376, 506 -- Kidnapping and rape - Age of prosecutrix was less than 18 years at the time of incident on the basis of School certificate - However, it is not clear as to how date of birth was got entered in school record - More so, prosecutrix had travelled with accused at different places and nothing has come on record as to why..........
Indian Penal Code, 1860, Section 363, 376, 506 -- Kidnapping and rape - Quantum of sentence - Keeping in view the age of accused as well as fact that prosecutrix is now married and having three children and also fact that accused is facing trial for the last more than seven years, sentence of accused is reduced from ten years to seven years - However, fine remains the..........
Indian Penal Code, 1860, Section 376, 506, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - Relevancy of Privar register - PW7 stated that date of birth of prosecutrix was registered on the basis of information of PW4 - However, PW4 has not made any averment with respect to age of prosecutrix that she has got entry made in..........
Indian Penal Code, 1860, Section 376, 506, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Attendance register - Prosecution placed reliance upon attendance register to show that prosecutrix had not attended school on the date of occurrence - However, presence of prosecutrix has been changed to absence on that day to show that prosecutrix did not..........
Indian Penal Code, 1860, Section 376, 506, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Accused allegedly came to the house of prosecutrix gagged her mouth and took her to bathroom and committed sexual intercourse - On seeing this by PW5, father of prosecutrix, accused quarreled with PW5 - However, prosecutrix stated that PW5 came to the spot..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was enticed by accused and subjected to rape on the pretext of marriage - She was below 16 years at the time of occurrence and was removed from the lawful guardianship of her parents without their consent - Prosecutrix recovered from the house of DW1 - Promise of solemnization of marriage..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape on the pretext of marriage - Reduction of sentence - Prosecutrix being a minor may not have acquired maturity to understand the implications of her actions - However, accused who had acquired age of maturity had no business to play with the sentiments of a child and abuse her to satisfy his lust - No..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Age of prosecutrix - School certificate of prosecutrix not proved - X-ray report is not sufficient to prove age of prosecutrix in absence of examination of doctor - Prosecution totally failed to prove beyond reasonable doubt that prosecutrix was less than 16 years of age at the time of incident - High Court,..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Inimical relations of PW5 and accused `S' - PW5, who has given direct evidence of rape, is an advocate and an accused in another rape case - He admitted that accused `S' and his brother lodged a case against him under the provisions of Protection of Forest Act - PW5 influenced the victim and her husband to lodged..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Character of victim though not relevant in the matter but reference can be made - Victim had lodged another rape case after six months of this incident, in which one of present accused `S' is also an accused and her husband, PW5 and brother of accused `S' are witnesses - More so, victim is also an accused in rape..........
