Showing : 81-90 of 1853 Results

SIKKIM HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(1)-- Rape - Testimony of prosecutrix cogent, cohesive and consistent - Evidence of sexual assault is substantiated by medical evidence - Injuries on genitals of prosecutrix points to the use of force - Had it been consensual, necessity of force would not have arisen - Prosecution proved its case beyond..........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154-- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept that night..........
SIKKIM HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 376-- Compensation - Rape case - Sum of Rs.3 lakhs be made over to prosecutrix by Sikkim State Legal Services Authority in terms of Sikkim Compensation to Victims or his Dependents Schemes 2011...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 313, 376-- Cancellation of bail - Offence u/ss 313, 376 IPC - Bail granted solely on the plea of community service - Granting of bail on said plea is completely unwarranted - Bail order quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 33-- Recording statement of victim - Public Prosecutor to satisfy himself that the prosecutrix appearing before the Court to depose is a genuine witness - Public Prosecutor may from his own source or on the basis of other identification proof which may include Driving Licence, Passport, Aadhar Card,..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 190, Indian Penal Code, 1860, Section 366, 376, 120B-- Summoning of additional accused - Offence u/ss 366, 376, 120-B IPC - Story put forth by prosecutrix in statement recorded u/s 164 Cr.P.C. is nothing but absolute creation of imagination - Moreover, it is a case of a mature married woman, married against her wishes, eloping with her paramour who..........
DELHI HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 376, 302-- Dying declaration - Rape and murder - Dying declaration is not free from doubt as to manner of its recording and its contents - Deceased had suffered 100% burns all over her body - It was doubtful that even her left toe could have been used to sign dying declaration - Substantive portions of dying..........
DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 302-- Rape and murder - Dying declaration of deceased not proved on record - Forensic evidence negates charge of rape having been committed on deceased shortly prior to her death - Prosecution not able to conclusively prove presence of accused at the scene of crime at the relevant time - Room in which..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii)-- Rape of Scheduled Tribe woman - Prosecutrix became pregnant and gave birth to child due to alleged incident of rape - She was not proved to be below 16 years of age at the time of occurrence - FIR lodged 2 months after taking birth of child and after 1 year of alleged incident - Prosecutrix and..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(1)-- Rape - Rupture of hymen is not the conclusive proof of sexual intercourse, as it can be ruptured by any other mode than sexual intercourse...........

Showing : 81-90 of 1853 Results