Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused has no criminal history - No blameworthy conduct depicted by accused in jail - Case does not fall in category of rarest of rare cases - It would be in interest of justice if death sentence is commuted to life imprisonment - Life imprisonment should be with a cap of 20 year R.I, which..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Medical evidence adduced on record by prosecution does not indicate towards sexual intercourse, if, any committed by accused - Even, contradictions suggests that story put forth by prosecution is not at all trustworthy and at no point of time prosecutrix was subjected..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix complaining of having been victim of offence of rape is not an accomplice after the crime - There is no rule of law that her testimony cannot be acted upon without corroboration in material particulars...........
Indian Penal Code, 1860, Section 363, 376, 506(II) -- Kidnapping and rape - Love affair between parties - Accused and prosecutrix knew each other - Prosecutrix admitted everything and there is nothing which goes against accused - PWs admitted that prosecutrix knew accused prior to date of incident - Prosecutrix did not mention her exact date of birth on oath while..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prima facie allegations bear out that prosecutrix who admittedly is a married grown up lady had been carrying on this relationship for a long period of time and kept silent for quite some time is itself suggestive consensual relationship and submitting to desires of accused -..........
Indian Penal Code, 1860, Section 302, 376(2)(f), 342 -- Murder and rape - Death sentence - Circumstantial evidence - Eleven incriminating circumstances were proved on record against accused, which includes circumstance of last seen - Conduct of accused is gone into by Court when mother of deceased went to his house to enquire about her daughter and accused stated that he..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of injuries on external or internal parts of victim by itself cannot be a reason to disbelieve testimony of prosecutrix...........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376, 506 -- Testimonies of child witnesses/victim - Rape of minor girls in Anganwadi center - Testimony of victim which is otherwise reliable and proved, would not render to be unbelievable, merely because suggestion was given that victim did not find any difficulty in urinating or passing stool or that she..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 6 -- Rape of minor girls in Anganwadi center - Hearsay evidence of parents of victims - PW5 mother of victim no.1 stated that 15 day ago while her daughter was playing with victim no.4 in courtyard of anganwadi centre, accused on the..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 118 -- Rape of minor girls in Anganwadi center - Testimonies of child witnesses/victims - Victim no.1 who studied in primary school stated that accused after enticing her and victim no.4 took them to room where he committed sexual assault..........
