Criminal Procedure Code, 1973, Section 374, 376, Indian Penal Code, 1860, Section 64 -- Appeal - Maintainability - Order of compensation - Compensation which is treated as a fine in terms of S.64 IPC and a direction for imprisonment in default of payment of such compensation is appealable u/s 374 r/w S.376 Cr.P.C., as it was a `sentence of fine' for the purposes of such..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused a married man developed physical relations with prosecutrix a divorcee, as a result of which she gave birth to twins - Physical relations were established on the assurance of accused to marry prosecutrix, as he had proclaimed himself to be widower - However, evidence on record shows that..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Quantum of sentence - Accused not a previous convict and not involved in any other criminal case - He claims to have purchased a house in the name of prosecutrix - Prosecutrix not presented true facts regarding the financial assistance provided to her by accused before lodging FIR - Though custody..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Prosecutrix not disclosed in her deposition regarding penetration by accused and even accused not tried to penetrate - Oral version of prosecutrix as well as evidence of medical expert, circumstantial evidence, report of FSL and serological report shows that prima facie ingredients of S.375 IPC not proved and established..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 354, 506 -- Compromise - Quashing of FIR - Offence u/ss 376, 354, 506 IPC - Prosecutrix stated that she has given consent for quashing charge-sheet as now she is married and she does not want to disclose said fact to her husband - Said ground is no ground to quash proceedings for such serious..........
Indian Penal Code, 1860, Section 376, 109, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6 -- Gang rape - Pushing prosecutrix into prostitution - Sole testimony of prosecutrix - Prosecutrix was major on the date of occurrence - She had come into contact with co-accused `J' in a park and became friends - Subsequently, co-accused `J' and present accused allegedly..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 120B -- Delayed FIR - Rape of 10 years old minor girl - Father of prosecutrix was living out of state and just after the incident co-accused threatened the complainant and prosecutrix not to report the incident - FIR lodged after 7 days of incident only after neighbours and relatives of..........
Indian Penal Code, 1860, Section 376, 120B -- Rape of 10 years old minor girl - Criminal conspiracy - Prosecutrix stated that accused called her and when she entered the shop, she took her to backside of the shop, where co-accused committed rape upon her - Accused though taken a defence that she was not present at the relevant time but her defence got negated with the..........
Indian Penal Code, 1860, Section 376, 120B -- Rape of 10 years old minor girl - Criminal conspiracy - Reduction of sentence - Accused a lady, was 19 years old at the time of incident - She remained in custody for more than 1 year - There is no previous enmity between parties - Ends of justice would be met if offence of accused is reduced to period already undergone by her..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of spermatozoa on body of prosecutrix - Does not negativate factum of rape...........
