Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - Medical evidence - Merely because there was no fresh external mark of injury on the body of prosecutrix at the time of examination since the prosecutrix was medically examined after 5 days of occurrence, it cannot be said that rape itself is not proved - As evidence of prosecutrix..........
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - Delay of 5 days in lodging FIR - Prosecutrix being frightened could not disclose the incident to her parents immediately and after 5 days she reported the matter to her parents and thereafter FIR was lodged - Same explanation offered by prosecutrix when she appeared before Court -..........
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - False implication - Defence taken by accused that they have been falsely implicated due to enmity deserves to be repelled as there is no evidence on record regarding any enmity between parties - Discrepancies if any in prosecution version being trivial and not material are liable..........
Indian Penal Code, 1860, Section 376, 354 -- Rape and criminal intimidation - Accused can be convicted on sole testimony of prosecutrix - However, implicit reliance on sole testimony of prosecutrix can only be placed in event of testimony is credible and trustworthy - In order to gauge the testimony of prosecutrix on oath before trial court to unearth the truth qua the..........
Indian Penal Code, 1860, Section 376, 354, Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal -When genesis of prosecution version gets submerged in a taint of falsehood, as a corollary then, courts would obviously be inclined to not construe version rendered by prosecutrix qua the genesis of occurrence to be trustworthy or credible - Effect of falsity..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366A, 376 -- Summoning of additional accused - Kidnapping and rape - Complainant and prosecutrix both stated that petitioners were involved in crime - Petitioners arranged everything including money for accused and they forcibly got prosecutrix married to accused - Even call details of mobile..........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 6 years - PWs declared hostile - Prosecutrix being child witness has been properly examined before recording her statement and she was declared to be competent witness - She categorically stated in Court that she does not recognize accused and the person who took her to field did nothing with her - Evidence on..........
Indian Penal Code, 1860, Section 376 -- Rape of minor aged 13 years - Prosecutrix was of low intellect though of sound mind - Medical evidence supported prosecution case as there were bruises and abrasions on the body of prosecutrix and her hymen was torn - Human blood detected on the salwar of prosecutrix though no semen was detected - Accused also examined and human..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Rape - Anticipatory bail - Promise of marriage - On the basis of records, it cannot be said that accused would in any manner interfere with the trial of the case and it is not even the allegation of prosecution that accused would flee from justice - In such eventuality, it is otherwise open..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix - Conviction of accused can be based on sole testimony of prosecutrix if testimony of prosecutrix is trustworthy and inspires confidence - It is not always necessary to seek corroboration thereof...........
