Indian Penal Code, 1860, Section 376 -- Rape - Plea of false promise of marriage - Living relationship between prosecutrix and accused - Prosecutrix, a widowed lady, is approximately 10 years elder to accused - Accused and prosecutrix living together for about 7 months prior to lodging of FIR - No evidence on record to prove consent of prosecutrix had been obtained by..........
Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Rape with minor - Appeal against conviction - Accused took advantage of their social relations with victim and took her to another house and committed rape - As per testimony of father of victim, her school master and birth records as well as testimony of radiologist, age of victim was below 16 years - Therefore, plea..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent of a woman is prime consideration in cases involving allegation of rape...........
Indian Penal Code, 1860, Section 376, 420 -- Rape - Cheating - Promise of marriage - Prosecutrix has nowhere alleged that petitioner has no intention to marry her since beginning - In fact, parents of petitioner approved their marriage but later due to some dispute between parties, marriage could not be materialized - Prosecutrix had never raised any grievance before any..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - No evidence on record that prosecutrix was adducted or forcibly raped by accused without her consent - Material improvements in version of prosecutrix - Prosecutrix and accused stayed together in the hotel for about 11-12 days - Photographs of prosecutrix and accused posing comfortably and in happy mood..........
Indian Penal Code, 1860, Section 376 -- Rape - Appeal against acquittal - Accused allegedly committed rape on prosecutrix who is minor and of unsound mind - Clothes and private parts of prosecutrix were blood stained - Sister of prosecutrix who saw accused committing rape told that accused inflicted knife blows due to which it was bleeding - Contradictions found in..........
Indian Penal Code, 1860, Section 363, 376, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3) -- Kidnapping and rape - Determination of age of prosecutrix - As per Birth Certificate and Middle School Certificate prosecutrix was below 16 years of age - Ossification test also..........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Under no circumstances compromise can be really thought of, in a case of rape or attempt to rape, as it would be against victim's honour which matters the most...........
Indian Penal Code, 1860, Section 366, 376(2)(g), 34 -- Abduction and gang rape - Evidence of victim - Reliability - Accused allegedly took victim away towards river and committed rape on her - Evidence of victim who happens to be widow of 55 years old appears to be no tinge of exaggeration so as to falsely implicate three accused who incidentally are of same age i.e 23-24..........
Indian Penal Code, 1860, Section 376, 120B -- Rape - Conspiracy - Prosecutrix allegedly handed over by three co-accused to accused `D' who committed rape upon her - Co-accused left the spot after handing over prosecutrix to accused `D' - No evidence of any pre-mediation or pre-arranged plan by accused, thus, there was no common intention to commit the offence - Moreover,..........
