Indian Penal Code, 1860, Section 376, 417, 504, 506(2) -- Rape - False pretext of marriage - Allegations in FIR do not on their face indicate that promise by accused was false or that prosecutrix engaged in sexual relations on basis of this promise - No allegation in FIR that when accused promised to marry prosecutrix, it was done in bad faith or with intention to deceive..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape of girl by her own father - Star witness of prosecution i.e prosecutrix turned hostile and had not supported prosecution case - There is no other connecting material on record which would establish involvement of accused with regard to charges framed against..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354, 354A, 354B, 376(2)(f), 376(2)(k), 341, 342 -- Discharge - Sexual abuse - Sufficient material on record against accused - There is more than prima facie case against accused for which he is required to be tried - Some submission made by accused on conduct of prosecutrix are required to be..........
Indian Penal Code, 1860, Section 376 -- Rape of 3-1/2 years girl child - Reduction of sentence - Victim was young child of 3-1/2 years of age who fortunately survived on account of proper assistance being rendered to her - Accused was 22 years of age and there is no past history of any crime, sexual or otherwise - Jail conduct of accused is also good - Sentence of accused..........
Evidence Act, 1872, Section 11, Indian Penal Code, 1860, Section 363, 366, 376(2)(i) -- Plea of alibi - Kidnapping and rape case - Defence theory in the form of alibi is absolutely flimsy and untenable, as same is not taken by accused himself - Furthermore, plea of alibi being a weak plea cannot supersede strong direct evidence led by prosecution to bring home guilt of..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i) -- Kidnapping and rape of 4-1/2 years old girl - Testimony of victim - Victim was subjected to brutal vicious sexual assault - She identified accused to be assailant and stated that he fell on her - Victim stated that because of foul act of accused she started bleeding from her vaginal area - Testimony of victim is..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), 307, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping, rape and attempt to murder of 3-1/2 years old minor girl - Accused was not named in FIR, as he was not known to victim or complainant - Nobody seen accused committing crime, nor he could be got identified from victim being of tender..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix found habitual of sexual intercourse in report of scientific analysis - No evidence of sexual intercourse was found - She went underground and her cell phone is now switched off - Investigation reveals that petitioner informed his family members qua his..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i) -- Offence u/ss 6 of POCSO Act and S.376(2)(i) IPC - Sole testimony of prosecutrix - Is sufficient to convict accused provided testimony is found to be reliable and trustworthy...........