Showing : 41-50 of 1853 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(N)-- Rape - Consensual relationship between prosecutrix and accused as per evidence of prosecutrix - Accused was known to prosecutrix from 2013 - Sexual relationship developed between parties - Prosecutrix stayed with accused in the same house even after she got engaged - FIR lodged after delay of more..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376D, 323-- Rape - Prosecution improved its case after lodging FIR as per statement of prosecutrix, medical report and statement of father and maternal uncle of prosecutrix - Complaint lodged after 2 days of alleged incident by prosecutrix herself mentioning all details of accused and her statement recorded..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 366, 376(2)-- Kidnapping and rape - Prosecutrix not named accused and did not identify him in Court room - She stated that obscene acts were done by one other person - Prosecutrix stated that her mother asked her to say so - Medical evidence not supported prosecution case - Statements of prosecutrix and her..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506-- Bail - Rape - Prosecutrix is major and married woman having two children - Statement of prosecutrix being a virgin thus, cannot be said to be correct - More so, no recovery is ought to be effected from accused and at this point of time there is no apprehension of accused threatening, intimidating..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Prosecutrix remained in the company of accused for about 12 days until she was recovered - Prosecutrix freely moved with accused in course of which movement, she came across many people at different points but she did not complain of any criminal act on part of accused -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Determination of age of prosecutrix - Age of prosecutrix not determined as per documents produced on record - Radiological age of prosecutrix determined between 17 to 18 years - Though it is correct that age determined on basis of a radiological examination may not be..........

Showing : 41-50 of 1853 Results