Indian Penal Code, 1860, Section 376, 366, 363 -- Abduction and rape - Prosecutrix kept at various places and illicit sexual intercourse committed - Prosecutrix stayed with the accused for six days but did not complain inspite of having opportunity to do so and had also opportunity to run away but she did not - Prosecution failed to prove that prosecutrix was minor at the..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Abduction and rape - Non raising of alarm at a public place - Does not lead to conclusion that she willingly accompanied accused when she was kidnapped by two adult males and one of them wielded fire arm and threatened her and she was taken away from her village - In such circumstances, she made a sensible decision not to..........
Indian Penal Code, 1860, Section 376, 363, 366A -- Rape of minor girl - Age - Father of prosecutrix unable to give correct date of birth of the prosecutrix - However approximate date given without any basis or record - Held, in a criminal case, conviction cannot be based on an approximate date which is not supported by any record...........
Indian Penal Code, 1860, Section 376, 363, 366A -- Abduction and rape of minor girl - Love affair between accused and prosecutrix - Doctor found sex characters of prosecutrix well developed - Prosecutrix did not ever resist her being repeatedly deflowered by accused - - Prosecutrix not examined by Dental Surgeon or Radiologist despite she being referred which is a serious..........
Indian Penal Code, 1860, Section 376, 363, 366, 308, Evidence Act, 1872, Section 32 -- Rape - Victim committed suicide - Deceased in her statement to police mentioned two incidents in which accused alleged to have misbehaved with her - Deceased made two dying declarations - In one dying declaration deceased mentioned only one incident of rape and that too a day before..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Conviction by trial Court and acquittal by High Court - Conclusions arrived at by trial Court in detail - High Court set aside the conviction by a cryptic and non speaking order - High Court did not discuss the evidence and has not even indicated any basis for departing from conclusions of trial Court - Case remanded back..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Rape - Age of prosecutrix - Documents placed on record regarding the age of prosecutrix did not relate to her - High Court came to conclusion on the basis of oral evidence and documentary evidence that date of birth of prosecutrix as claimed by prosecution not established - Finding cannot be said to be without any basis -..........
Indian Penal Code, 1860, Section 363, Evidence Act, 1872, Section 35 -- Proof of age - School certificate - Proved by the headmaster of the school - An entry in the school register is not conclusive but it has evidentiary value - Onus on prosecution to prove age of prosecutrix, held effectively discharged by the prosecution...........
Indian Penal Code, 1860, Section 363 -- Abduction of minor girl for 39 days - Conviction on the evidence of prosecutrix herself - Held, there was no reason for prosecutrix to unnecessarily implicate the accused when no case of enmity is made out in between the prosecutrix and the accused...........
Indian Penal Code, 1860, Section 363, 366A -- Offence u/s 366-A is a major offence whereas offence u/s 363 is a minor offence...........
