Indian Penal Code, 1860, Section 376(2)(f), 377 -- Rape of minor girl aged 7 years - Unnatural offence - Post-mortem report and D.N.A test of deceased conclusively establishes commission of natural and unnatural sexual acts on deceased by accused - Deceased happened to be in care and custody of accused - High Court perfectly justified in imposing maximum sentence of life..........
Indian Penal Code, 1860, Section 302, 376, 404, 201, Evidence Act, 1872, Section 24 -- Murder - Rape - Extra judicial confession made before Village Administrative Officer PW12, to save himself from any adverse, physical handling by investigating authorities - PW12 was totally unbiased and unconnected with controversy in hand and not inimical to accused - PW12 was..........
Indian Penal Code, 1860, Section 302, 376, 404, 201 -- Murder - Rape - Circumstantial evidence - Recovery of nose-pin of deceased at the instance of accused - Said nose pin is identified by family members of deceased, as it was actually worn by deceased when she went missing - Since recovery effected at the instance of accused and that too from a remote place under an..........
Indian Penal Code, 1860, Section 302, 376, 404, 201 -- Murder - Rape - Circumstantial evidence - Accused used to hire auto rickshaw for earning his livelihood and there is a specific timing of the same for returning the same to the actual owner daily - But on the relevant date when crime was committed, said auto rickshaw was not returned - No explanation was given by..........
Indian Penal Code, 1860, Section 302, 376, 404, 201 -- Murder - Rape - Claiming parity with co-accused who is acquitted - Co-accused acquitted as his case is totally different from accused - Since extra judicial confession made by accused, recovery of nose pin of deceased at the instance of accused and other material on record proved against accused, there was sufficient..........
Indian Penal Code, 1860, Section 363, 366, 376, 302 -- Kidnapping, rape and murder of 10 years old girl - Dead body of deceased found near tree at corner of road - Accused and deceased were last seen together - Recoveries made by investigating agency at instance of accused after his arrest and he identified place of occurrence - Report of FSL is conclusive regarding..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Rape - Allegation that accused embraced prosecutrix, took her behind bushes and committed sexual intercourse - However, no alarm was raised by prosecutrix to seek help from other woman labourers who were working at distance of 60-70 steps -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of two minor girls - Age of victims - Statement of father of victims remained intact - In absence of any evidence envisaged in R.12 of JJ Rules, statement of father of victims on point of age can be safely relied upon - Thus, victims were about 14 years and 12 years respectively at relevant time...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of two minor girls - Victim no.1 not made any contradictory statement on point of her kidnapping, confinement, about place of confinement and manner she was raped - She successfully withstood test of cross-examination - Statements of victims received corroboration from statement of PWs 1 and 2 - Since..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Place of incident rough surface - Prosecutrix did not receive even a single injury on her body - All this is indicative of fact that no resistance was made by the prosecutrix at all and the sexual intercourse was consensual...........
