Indian Penal Code, 1860, Section 376, 506 -- Rape - Victim PW1 specifically stated that accused committed rape on her when she was sleeping in her courtyard - Testimony of victim is supported by PW2, who rushed to the spot and saw accused raping victim - In fact, evidence of these two witnesses PW1 & PW2 supported each other and appears to be believable which is further..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of punishment - Considering accused's family background, absence of any criminal history and present age of senior citizenship, minimum sentence of 7 years R.I with a fine of Rs.10,000 and in default to undergo further imprisonment of 3 months for the alleged offences would meet the ends of justice...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping & rape - Bail - Age of prosecutrix below 18 years at the time of alleged incident - Alleged offences were prima facie attracted against accused - Interest of State and general public would be adversely..........
Indian Penal Code, 1860, Section 376 -- Rape of a minor girl - Consent - Whether it is civil law or criminal law, consent of a minor is not treated as valid consent - Even when there is consent of girl below 16 years, the other partner in the sexual act is treated as criminal who has committed the offence of rape - Law leaves no choice to him and he cannot plead that the..........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl - Accused committed rape with 16 years old girl with her consent - Fact that prosecutrix was consenting party is not a mitigating circumstance to reduce the sentence as minor girl can be easily lured into giving consent for such an act without understanding the implications thereof - Such consent, therefore, is..........
Indian Penal Code, 1860, Section 376 -- Rape of a minor girl - Reduction of sentence - Accused pleaded that he is married and even prosecutrix is also married and having a child therefore, he should be leniently treated - Plea rejected as it is not a case where accused married with prosecutrix - Merely because accused and prosecutrix both are married separately hardly..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was missing from home but FIR was lodged almost after expiry of 11 days - No explanation offered for such delay - Recovery of prosecutrix by his brother and friends also creates a cloud of suspicion as the person who informed brother of prosecutrix that his sister was at his place, not..........
Indian Penal Code, 1860, Section 376 - - Rape - Of a girl aged 16 years 3 months, without her consent - Delay in lodging FIR properly explained as prosecutrix did not inform the incident immediately and waited for 2 weeks to disclose to her mother as accused had taken her photographs and recorded her talk on mobile and threatened her from raising any kind of alarm -..........
Indian Penal Code, 1860, Section 376 -- Rape of young girl aged around 16 years 3 months - Accused pleaded that since no efforts were made by prosecution to file the photographs and recorded conversation of prosecutrix with accused thus prosecutrix version cannot be relied on - If the investigating officer did not conduct the investigation properly or not being able to..........
Indian Penal Code, 1860, Section 376 - - Rape - Consent of prosecutrix - Presumption - Once prosecutrix states in her evidence that she did not consent to the act of sexual intercourse by accused on her and was committed against her will and accused failed to adduce any defence evidence on this issue then presumption u/s 114-A of evidence Act has to be drawn against..........
