Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i)(l) -- Penetrative sexual assault on mentally retarded minor girl - Allegation levelled against accused of commission of sexual assault on mentally retarded victim stood corroborated from medical evidence - Evidence in the form of testimony of mother of victim,..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i)(l) -- Penetrative sexual assault on mentally retarded minor girl - Accused sentenced to undergo R.I of 15 years with fine of Rs.5000 u/s 6 of POCSO Act and in default of payment of fine to undergo 30 days S.I, which is upheld and merits no leniency - Trial Court..........
Indian Penal Code, 1860, Section 376, 506 -- Rape by father-in-law - Prosecutrix alleged that she was suffering from psychological disorder and accused being tantrik committed rape upon her while treating her when she was unconscious by administering `Dhuni' - However, no evidence on record to prove that prosecutrix fell ill and administered any treatment by accused -..........
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came..........
Indian Penal Code, 1860, Section 376, 506(i), 450 -- Rape - Testimony of prosecutrix - Prosecutrix instead of informing the occurrence to her parents informed the same to A-2, which is unusual - Though prosecutrix able to depose that accused is known person to her but she informed the doctor that offence committed against her is by an unknown person - More so, no reason..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354 -- Rape - Anticipatory bail - Allegation by prosecutrix-teacher that petitioner-school owner ravished her on various occasions - Innumerable criminal and civil litigation pending between management of school and its staff members - FIR registered on the very day when services of..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - False pretext of marriage - Prosecutrix is a grown up married woman with two kids - As per her own stand she remained in relationship with petitioner for more than one and a half years and had been carrying on physical relations with petitioner - Debatable issue having arisen..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 506, 120B, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Offences u/ss 363, 366-A, 376, 506, 120-B IPC and Ss.3, 4 POCSO Act - Perusal of FIR does not depict any role to petitioner in commission of offence - Petitioner is behind bars and that..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Sexual assault - Court cannot convict accused for offence under IPC and POCSO Act at the same time - Special Law would prevail over general law - Since offence would be covered under POCSO Act, conviction under IPC cannot be sustained - Conviction of accused u/s 376..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 342 -- Rape and murder - Death sentence - Rarest of rare case - Deceased was last seen in the company of accused - Dead body of deceased found in the house of accused - Medical evidence corroborated the prosecution version - Prosecution proved its case - Accused rightly convicted - However, case does not fall in the category..........
