Indian Penal Code, 1860, Section 375, 376, 511 -- Rape - Sine qua non of the offence of rape is penetration and not ejaculation - Ejaculation without penetration amounts to attempt to rape...........
Indian Penal Code, 1860, Section 376, 375, 90 -- Rape - Promise to marry - Consent - Prosecutrix gave consent to sexual intercourse with a person with whom she is in love on a promise that he would marry her on a later date but known to the prosecutrix that their marriage may not take place at all on account of caste consideration - Cannot be said that consent was given..........
Indian Penal Code, 1860, Section 375, 376 -- Rape - Accused forcibly entering house in night when prosecutrix and her younger sister were there - Accused driven out younger sister and committed rape - Testimony of younger sister that when she came back home at 11 p.m. she found prosecutrix lying on floor and writhing with pain - FIR lodged in the morning and prosecutrix..........
Indian Penal Code, 1860, Section 375, 354, 323 -- Appeal against acquittal - Rape - Evidence of prosecutrix not corroborated by medical evidence to sustain charge of rape - Order of acquittal cannot be interfered with - However, medical evidence of injuries on body of prosecutrix and her oral evidence that accused forcibly dragged her out of her house to secluded place..........
Indian Penal Code, 1860, Section 375, 511, 506 Part II, 300, Evidence Act, 1872, Section 3, 45 -- Rape and murder - No firm medical opinion that death was due to strangulation - Minor injuries recorded in post-mortem report not sufficient to cause death - No medical evidence to prove that death was homicidal - No evidence of rape in medical report - Only circumstance..........
Criminal Procedure Code, 1973, Section 386(a), 222(2), Indian Penal Code, 1860, Section 375, 511, 506 Part II, 300, 354 -- Main charge - Failure to prove - Acquittal is not automatic - Court has duty to examine whether charge of lesser offence can be made out on basis of evidence brought on record in course of trial for main offence - If so, accused to be convicted for..........
Indian Penal Code, 1860, Section 375 -- Rape - Absence of injury either to the genital part of the victim or to the male organ - Complete penetration of penis with emission of semen and rupture of hymen is not necessary to constitute offence of rape - Partial penetration of the penis with the labia majora or the vulva or pudenda with or without emission of semen or even an..........
Indian Penal Code, 1860, Section 375 -- Rape - Doctor opined that vagina admitted one finger with difficulty - Absence of penetration canot be inferred on that basis...........
Indian Penal Code, 1860, Section 375 -- Rape - Minor girl of 8 years - Mother of prosecutrix had enmity with accused - It is absurd that mother would falsely involve her daughter in rape case because of enmity...........
Indian Penal Code, 1860, Section 375 -- Rape - Consent - Requires voluntary participation not only after exercise of intelligence based on knowledge of significance and moral quality of act but after having fully exercised choice between resistance and assent...........
