Protection of Children from Sexual Offences Act, 2012, Section 5, Indian Penal Code, 1860, Section 375 -- Rape - Victim below 12 year of age - Semen was found on victim undergarment, wearing apparels as well as the undergarment of accused and penile swad of accused - No further evidence is required to establish that the offence was indeed commited by the accused -..........
Protection of Children from Sexual Offences Act, 2012, Section 5, Indian Penal Code, 1860, Section 375 -- Rape - Victim below 12 year of age - Slightest degree of penetration of vulval by penis with or without emission of semen is sufficient to constitute the offence - Conviction upheld...........
Indian Penal Code, 1860, Section 375 -- Rape - Penetration or insertion or application of mouth appears to be sine qua non for commission of offence of rape u/s 375 IPC as amended in 2013...........
Indian Penal Code, 1860, Section 375 -- (As amended) - Rape - Penetration by a man of his penis to any extent into vagina, mouth, urethra or anus of a woman amounts to rape...........
Indian Penal Code, 1860, Section 375 -- `Sexual intercourse' and `sexual acts' - Separately used in the provision - Both have the same meaning...........
Indian Penal Code, 1860, Section 375, Fourthly, 376, 120A, 34 - - Rape - Consent - Prosecutrix did not know that accused was already married - She gave her consent for sexual intercourse due to her marriage performed with accused - Held, crime falls within purview of S.375 (fourthly) and offence u/s.376 prima facie made out - Parents of accused were residing with accused..........
Indian Penal Code, 1860, Section 366, 375 -- Abduction and rape - Conviction - Validity - Prosecutrix seventeen years and two months old - Prosecutrix knew accused from before - They were having relationship for last one year, which was objected to by her parents - Accused was visiting house of prosecutrix - Letters were exchanged - Telephone calls were made - When..........
Indian Penal Code, 1860, Section 375 -- Rape - `against her will' and `without her consent' - May overlap sometimes - Expression `against her will' would ordinarily mean that the intercourse was done by a man with a woman despite her resistance and opposition - On the other hand, expression `without her consent' would comprehend an act of reason accompanied by deliberation..........
Indian Penal Code, 1860, Section 375, 376, 363 -- A minor girl aged 16 years eloped with a minor boy aged 18 years of her own free will - Both of them got married as per Hindu rites - FIR got registered by father of the girl for the offences punishable under Sections 376 and 363 of the IPC - Held, neither offence of kidnapping nor of rape is attracted - The case would fall..........
Indian Penal Code, 1860, Section 375 - - Rape - Proof of - There was tenderness in vaginal region of prosecutrix - Evidence on record would disclose that there was interruption to completion of the act of sexual intercourse with intervention of PWs.1, 3 and 4 - Held, absence of any rupture of hymen is immaterial in the facts and circumstances of the case - Act of accused..........
