Indian Penal Code, 1860, Section 201, 366A, 376, 302, Criminal Procedure Code, 1973, Section 235 -- Offence u/ss 201, 366A, 376, 302 IPC - Conviction - Imposition of death sentence - Principles of constructive res judicata - Can have no application to matters relating to life and death...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - FIR lodged after 7 months of alleged incident of rape - Evidence of PW4 and PW5 not credible - Testimony of prosecutrix not corroborated by any other witness - Incident alleged to have taken place near a common path but no hue and cry allegedly raised by prosecutrix was heard by anybody - Accused cannot be convicted on..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - FIR lodged after 7 months of alleged incident of rape - Evidence of PW4 and PW5 not credible - Testimony of prosecutrix not corroborated by any other witness - Incident alleged to have taken place near a common path but no hue and cry allegedly raised by prosecutrix was heard by anybody - Accused cannot be convicted on..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix herself in her affidavit stated that sexual relations between her accused were not on account of false promise of marriage - She was in consensual relationship with accused - No case made out u/s 376 IPC against accused - Charge against accused set aside...........
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Appreciation of evidence - As per evidence on record, accused was last seen together with victim as accused gave 1 rupee coin to victim and told one of the..........
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Death penalty - Rarest of rare case - Offence committed by accused though brutal and grave but does not warrant death sentence - As, accused is not a previous..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical report does not support prosecution case, as prosecutrix was habitual to sexual intercourse - Prosecutrix claimed that when she was being raped she resisted and her bangles broke, however, no such broken bangles were detected from the spot - She stated that she was semi conscious at the relevant time and she made noise..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376(g), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Cancellation of bail - Offence u/s 376(g) IPC and S.8 of POCSO Act - As per material on record including the case diary, medical report prima facie case is made out by prosecution - Taking into account the charges..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of married woman - Version of prosecutrix that she was raped by accused inside the clinic after door was bolted by him stands falsified, as IO while inspecting clinic did not find any door which could be bolted from inside - MLC of prosecutrix suggested no fresh external injury on her body - DNA of prosecutrix did not..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 302 - - Circumstantial evidence - PW4, brother of deceased accompanied deceased to Mela on fateful day and identified the accused, who took away deceased from Mela - Investigation revealed headless body of deceased in bushes - Trial Court rightly recorded guilt of accused which was affirmed by High Court by applying..........
