Showing : 31-40 of 1844 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Rape of 12 years old girl by her own father - Testimony of victim/child witness - Child witness deposed against her own biological father - Nothing in cross-examination of child witness to suggest even remotely that she was tortured by someone else to falsely implicate her own father in such..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Rape of 12 years old girl by her own father - Merely because hymen of victim child was not found ruptured, it cannot be said that she was not subjected to penetrative sexual assault, particularly when there is clinching evidence of victim coupled with medical evidence on record...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Offence u/s 376 IPC and S.4 of POCSO Act - In order to make out offence u/s 376 IPC and S.4 of POCSO Act, complete penetration is not required - Slightest penetration is sufficient to constitute offence of rape or penetrative sexual assault...........
DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439-- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole witness to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 376(2)(f)-- Rape of 9 years old minor girl - Serologist report - It is expert opinion u/s 45 of Evidence Act and therefore, admissible in evidence without being marked an exhibit formally or being proved by oral evidence...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154-- Rape of 9 years old minor girl - Prosecutrix turned hostile and failed to identify accused in dock - It cannot be a relevant fact and reason for acquittal of accused, particularly when medical evidence fully corroborates the offence of rape committed upon prosecutrix...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 313-- Rape of 9 years old minor girl - Examination of accused - Serological report not put to accused u/s 313 Cr.P.C, and plea raised by accused that he is prejudiced in his defence - Contention first time raised before Supreme Court - Even otherwise, serological report being available, it was a failure..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154-- Rape of 9 years old minor girl - Prosecutrix turned hostile - Deposition of prosecutrix was recorded nearly 6 months after occurrence - It was thus, sufficient time and opportunity for accused to win over prosecutrix and PW1 by a settlement through coercion, intimidation, persuasion and undue..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 366A, 344, 376(2)(g), 109-- Kidnapping and rape - No allegation of rape in complaint filed by father of prosecutrix - Levelling allegation against eight persons with regard to rape out of whom police did not submit charge against other accused except present accused stands acquitted by Court below shows that prosecutrix has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 450-- Rape - Forcible sexual intercourse - Some injuries and marks of struggle, may be of minor type, were bound to appear on the person of prosecutrix and accused - However, nothing of that sort was observed by doctors, who medically examined prosecutrix and accused - Prosecution failed to prove its..........

Showing : 31-40 of 1844 Results