Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 112, 114 -- Rape - DNA test - Paternity of child - DNA test is essential to establish whether ingredient of S.375(4) IPC, is there or not - If accused refuses to undergo DNA test, Court can draw adverse presumption u/s 114 of Evidence Act - Application allowed...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 376, 302 -- Juvenile - Determination of age - Rape and murder - Petitioner claiming himself to be below 18 years of age on date of incident - As per School Admission Register, petitioner was of 20 years when incident took place - Sessions Judge rightly believed School..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of sentence - Offence against accused proved on record - No reason stated while convicting accused for offence u/s 376 IPC for life imprisonment - There should be some justification for awarding maximum sentence which should be well thought after considering all aspects of the case - Keeping in view prosecution..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Money dispute between parties - Several contradictions found in the evidence of PWs - Most of the PWs are relatives and neighbors of prosecutrix - None of person present at the site, has complained about sexual assault by accused upon..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 18, Indian Penal Code, 1860, Section 376(2), 511, 354 -- Attempt to rape - Prosecutrix in her statement stated that accused caught hold of her and pushed her down but she has not alleged that accused tried to commit rape upon her - No evidence on record that prosecutrix was minor at time of incident -..........
Indian Penal Code, 1860, Section 376 -- Rape of 50 years old lady by 20 years old accused - Delay of 33 days in lodging FIR not explained - Prosecutrix a matured lady of around 50 years of age and working as a Head Mistress in Government School - It is unbelievable that despite commission of rape upon her in the year 2012, she has not reported the matter either to police..........
Indian Penal Code, 1860, Section 376(2) -- Rape of 7 years old girl - Non-ability of FSL report - Not fatal for prosecution case, where testimony of victim is consistent and corroborated by medical evidence...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2) -- Delay in lodging FIR - Rape of 7 years old girl - FIR lodged on the next day of incident - Incident took place at night - Though police station is 5 kms away from village but due to night informant lodged FIR on the next day - Thus, delay in lodging FIR satisfactorily explained...........
Indian Penal Code, 1860, Section 376(2) -- Rape of 7 years old girl - Medical report and defence establish medical consistence with ocular version - Testimony of prosecutrix is consistent and corroborated by medical evidence - Though both prosecutrix and her mother are interested witnesses but their testimony cannot be discarded, as presence of both witnesses at place of..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Non-seizure of lock and key of room of accused - Not fatal to prosecution case, where accused admitted in his statement u/s 313 Cr.P.C. that he was leaving room after locking door...........
