Indian Penal Code, 1860, Section 363, 366, 376, 120B, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of charge sheet - Age of prosecutrix as per High school certificate was about 15-1/2 years at the time of incident - Applicant claimed to have obtained agreement from prosecutrix mentioning that they were living as husband and wife since last..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376 -- Bail - Kidnapping and rape - Medical report of victim shows that she is major girl aged about 18 years - Statement of victim u/s 164 Cr.P.C shows that she is consenting party - Medical report of victim does not corroborate her statement recorded u/s 164 Cr.P.C. - Accused has no..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - No eye witness of incident except the prosecutrix herself - Nobody is even seen prosecutrix while accused was taking her away with him - Delay of more than 3 days in lodging of FIR - No report has been lodged even about missing or `Gumshudagi' of prosecutrix - Prosecutrix not only admitted her..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix herself had filed a writ petition before High Court with her affidavit attached to it in which she clearly stated that she is major and has performed marriage with accused on her own will - Besides it, while travelling from one place to another overnight by train with accused, prosecutrix..........
Indian Penal Code, 1860, Section 366, 363, 376 -- Kidnapping & Rape - Age of prosecutrix - As per ossification test age of prosecutrix can be between 16 to 16-1/2 years and there can be variation of two years in respect of age of prosecutrix - However, prosecutrix narrated her age as 20 years to Doctor - Age of prosecutrix thus, held, to be above 16 years...........
Indian Penal Code, 1860, Section 366, 363, 376 -- Kidnapping & Rape - Prosecutrix remained with accused for more than a month and she accompanied accused to various places but did not raised any grievance against accused - Story of threat is missing in original version given by prosecutrix - It can safely be inferred that prosecutrix was a consenting party - Conviction &..........
Indian Penal Code, 1860, Section 363, 366, 376, 120B -- Kidnapping and rape - Prosecutrix was kidnapped and recovered on the next day of kidnapping - Doctor stated that sexual intercourse was committed 4 to 7 days prior to kidnapping - No external marks of injury found on body of prosecutrix - Prosecutrix stated that she was called on telephonic message received from A-1..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Ossification test fixed the age of prosecutrix between 15-17 years - Consent of prosecutrix is not established as she was forcibly taken by appellants under threat and pressure and committed rape on her - Medical report shows that her hymen was missing and semen was detected on seized underwear of..........
Indian Penal Code, 1860, Section 363, 366, 376, 114 -- Kidnapping & rape - Appeal against acquittal - Acquittal upheld - Prosecution failed to prove that age of prosecutrix was 14 years on date of incident and even parents of prosecutrix also failed to give any satisfactory explanation regarding age of prosecutrix - No material on record to show that on date of alleged..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecution failed to prove age of prosecutrix - Medical evidence shows that there is no injury on body of prosecutrix - Prosecutrix found habituated to sexual intercourse - Moreover, prosecutrix herself admitted her love affair with accused and totally denied the fact of rape while she was examined..........
