Indian Penal Code, 1860, Section 376(2)(n), 90 -- Rape - Consent - False promise of marriage - Prosecutrix and accused were in relationship with each other and has sexual intercourse many a times - She was a major around 25 years of age and she was intelligent enough to understand the significance and moral quality of the act she was consenting to - Prosecutrix even became..........
Indian Penal Code, 1860, Section 376 -- Rape - Past sexual relationship of prosecutrix with accused if any, would constitute offence of rape irrespective of consent, if prosecutrix was minor at relevant time...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Love affair between parties - Prosecutrix has not only in her complaint but also in her statement recorded u/s 164 Cr.P.C repeatedly stated that accused had sexual intercourse with her against her consent - Mere fact that prosecutrix was quite friendly with accused for a long..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix that accused raped her, substantially corroborated by independent witnesses as well as seizure of knife from a nearby bush - Defence raised by accused during his examination u/s 313 Cr.P.C with regard to animosity of PW1 appears to be desperate one, as no cross-examination in this regard had been made..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused has undergone sentence for more than nine years - Sentence of accused thus, reduced to period already undergone by him and shall pay fine of Rs.10,000/- and in default to suffer further R.I. for 6 months...........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise entered into between parties - Parties decided to live in peace - No useful purpose would be served in allowing proceedings to continue - FIR quashed...........
Indian Penal Code, 1860, Section 376, 354, 342, 120B, Immoral Traffic (Prevention) Act, 1956, Section 5, 6 -- Rape - Testimony of prosecutrix - Prosecutrix was 17 years of age at the time of incident as per ossification test - She left home without even informing her mother - Missing report was filed by mother of prosecutrix after two days, which report is withheld by..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - A promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time - Acquittal, upheld...........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - Complainant stated that she had physical relationship with accused in the year 2008 and after three or four months thereafter, accused promised to marry her and she had eloped with him - Consent to engage in sexual activity on promise of marriage cannot be sustained - Acquittal upheld...........
Indian Penal Code, 1860, Section 376, 506 -- Rape of mentally retarded girl aged about 19 years - Victim had mild mental retardation - Accused had sexual intercourse with victim by taking disadvantage of her mental illness - Victim delivered a child and accused found to be biological father of child delivered by victim - However, accused totally denied the prosecution case..........
