Protection of Children from Sexual Offences Act, 2012, Section 10 -- Rape of 5 years old girl - Medical evidence not required in the absence of mere specific allegation of penetrative sexual assault...........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Rape of 5 years old girl - Testimony of prosecutrix - Prosecutrix clearly stated that accused sexually assaulted her by inserting his finger in her vagina and also put his penis in her vagina - She was very intelligent at the age of 5 years and was examined in a congenial atmosphere - No valid reasons..........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Rape of 5 years old girl - Quantum of sentence - Crime committed by accused is horrible as a child of 5 years was ravished by an individual aged around 42 years, who is father of five children - Prosecutrix gone to residence of accused to watch T.V and accused exploited her innocence and betrayed the..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Sole testimony of Prosecutrix - Story of rape as narrated by prosecutrix belies in the absence of any mark of injury on external or internal part of body of prosecutrix - Person to whom prosecutrix immediately informed the incident, did not accompany her to police station and not examined as witness - Solitary statement..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape of 18 years old girl - Taking prosecutrix forcibly on scooter to bus stand and from there to Naina Devi temple - No alarm raised by prosecutrix even though visiting different places on scooter and on public transport - No signs of any force was seen by medical officer and there was no external or internal..........
Indian Penal Code, 1860, Section 363, 366, 376, Prevention of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix was above 18 years of age at the time of incident - She herself admitted that letter on record was in her handwriting, disclosing her plan to accused as to how she would leave her house and join him..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 376(C), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, 10 -- Discharge - Rape - Special Judge after taking cognizance of offence, proceeded for examining I.O and two medical witnesses before framing charge to satisfy himself as to whether sufficient grounds are..........
Indian Penal Code, 1860, Section 376 -- Rape - If prosecution evidence taken in its entirety is convincing even in the absence of a medical evidence, an accused can be held as having committed the offence of rape...........
Indian Penal Code, 1860, Section 342, 376 -- Wrongful confinement and rape of 7 years old girl - Accused forcefully taken prosecutrix to his house and committed rape upon her - Doctor clearly stated that there was red colouration of the private part i.e. perineum - There was induration and abrasion and also there was a small tear in the hymen - It was further opined in the..........
Indian Penal Code, 1860, Section 376 -- Rape of deaf and dumb minor girl - Age of prosecutrix between 14 to 16 years at the time of incident - Accused committed rape on prosecutrix when she was alone at home - Father of prosecutrix saw accused running out of his house - Prosecutrix by way of gestures had explained the manner in which incident had occurred - She was capable..........
