Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Kidnapping and rape - Sexual exploitation by accused in the case clearly falls within aggravated penetrative assault as defined u/s 5 of POCSO Act punishable u/s 6 of POCSO Act, even if it is claimed that act was consensual...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Kidnapping and rape - Prosecutrix was aged only about 14 years and 6 months at the time of incident - Contention that age of prosecutrix has not been correctly assessed by investigating agency can be duly..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecution case for charge of rape cannot be thrown away only because prosecutrix is not examined when there is other reliable evidence supported by medical evidence...........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Mental disorder of prosecutrix - Prosecutrix was not examined before trial Court - No expert evidence on record to establish that prosecutrix was suffering from schizophrenia, a mental disease at the time of alleged offence of rape - Mere statement of police officer about mental condition of prosecutrix is not any way..........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Medical evidence not supported the prosecution case - No injury was found in private parts of prosecutrix - Prosecutrix narrated the incident to her grandmother - However, grandmother of prosecutrix not examined - There is no evidence of prosecutrix on record - C.A report about vaginal swab of prosecutrix found to be in..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code,1860, Section 376, 506 -- Offence u/ss 376, 506 IPC - Delay of 11 days in reporting matter to police or any other authority - Delay unexplained - Inference can easily be drawn that version of victim and her mother was not unblemished...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Delay of 11 days in reporting matter to police - Victim stated that due to threats extended by accused, there was delay in reporting matter to police - However, victim roamed freely outside her house without disclosing her plight to anyone including her parents - Moreover, neither victim nor her mother had stated that..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Neither any medical evidence nor scientific evidence was available to corroborate the case of victim - No visible marks of violence were present on external part of body of victim or on sexual organs - Moreso, no hue and cry raised by victim after accused left her house - Father of victim was neither cited nor examined as..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 6, 8, 12 -- Defence evidence - Allegations under POCSO Act - Court could not have rejected the application for adducing defence evidence on the specious plea that burden is on prosecution to prove the case beyond all..........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and rape - Sole testimony of prosecutrix - Incident occurred when prosecutrix and her husband were in fields to cut grass - However, husband of prosecutrix has not extended any substantial support to version of prosecution - Prosecutrix stated that she remained silent during the incident because she was..........
