Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Murder and rape of 3 years child - Though there are aggravating circumstances, but early age of accused is also required to be noticed - Even, accused is the first..........
Indian Penal Code, 1860, Section 366, 376(2) -- Kidnapping and rape - Prosecutrix not named accused and did not identify him in Court room - She stated that obscene acts were done by one other person - Prosecutrix stated that her mother asked her to say so - Medical evidence not supported prosecution case - Statements of prosecutrix and her mother do not inspire confidence..........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and murder of a minor girl - Plea of marriage - Not acceptable as prosecutrix was taken away from complainant`s house on gun point and deadly arms - Even, Hindu Marriage Act does not permit such a marriage that too with a minor girl therefore, alleged marriage must be held to be void-ab-initio and having no..........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and murder of a minor girl - Plea that no independent witness or neighbourer was examined - Not tenable as accused persons created such an atmosphere in the area that no independent person or the neighbourer would dare to come forward to depose against them - Even otherwise, need to bring independent witnesses..........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and murder of a minor girl - No other evidence is required to prove rape when there is a medical evidence on record that the prosecutrix had become pregnant and when she was recovered from the custody of accused her MTP was performed and even DNA test as conducted...........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and murder of a minor girl - Age of prosecutrix 15 years 5 months - Consent would be wholly irrelevant...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix remained in the company of accused for about 12 days until she was recovered - Prosecutrix freely moved with accused in course of which movement, she came across many people at different points but she did not complain of any criminal act on part of accused - Prosecution not succeeded in..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Determination of age of prosecutrix - Age of prosecutrix not determined as per documents produced on record - Radiological age of prosecutrix determined between 17 to 18 years - Though it is correct that age determined on basis of a radiological examination may not be accurate determination and..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Conviction - Parties subsequently compromised - Complainant married to another person and they are living happily and they have no complaint against accused - Sentence of accused thus, modified to the period already undergone by him - However, accused shall pay a fine of Rs.2 lakhs...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - No injury on person of prosecutrix - Chances of absence of injury marks on person of prosecutrix as prosecutrix examined after 18 days of incident - Cannot give any benefit to accused...........
