Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 504, 506 -- Anticipatory bail - Rape - Promise of marriage - Prosecutrix a young educated girl consented to have sexual intercourse with accused on the promise of marriage - She being fully aware of consequences of having sexual intercourse with a man before marriage - Promise to marry cannot..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Indian Penal Code, 1860, Section 376 -- Juvenile - Rape - Offence u/s 376 IPC committed on more than one occasion - Juvenility has to be seen when last of such incidents had occurred...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Absence of external and internal injury on parts of body of prosecutrix - Raises doubt about involvement of accused as prosecutrix specifically alleged that there was struggle between her and accused for 10 minutes...........
Indian Penal Code, 1860, Section 376 -- Rape on married woman - Semen gathered from prosecutrix is of `O' group - Admittedly, blood group of husband of prosecutrix not examined - Since, prosecutrix is married lady who stayed together with her husband in previous night of date of occurrence, without examination of husband blood group/semen, Court below should not have..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 376 -- Examination of accused - Offence u/s 376 IPC - Chemical examination report and Serological Report not put to accused in his statement - Therefore, said incriminating material evidence cannot be used against accused...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - As per prosecutrix, accused committed forcible sexual intercourse - However, there is no injury on the private parts of prosecutrix - Even, medical report indicates that prosecutrix is habitual to sexual intercourse, thus, medical evidence has not supported the case of..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 363, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Suspension of sentence during pendency of appeal - Kidnapping and rape - Accused undergone 1 year, 3 months and 13 days of imprisonment - Prosecutrix in her statement stated that she had gone with accused with her..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f), 506 -- Delayed FIR - Rape of minor girl aged 9 years by her uncle - Delay of 3 days in lodging FIR by PW1 after eliciting information from her daughter - Inconsequential as it is not easy to lodge complaint of this nature exposing prosecutrix to risk of social stigma, particularly when..........
Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of minor girl aged 9 years by her uncle - Delay in reporting the matter to police - Not fatal where prosecutrix was threatened not to disclose the incident to anybody, more particularly, a nine year old child after undergoing traumatic experience and inflicted with threats, would be frozen with fear and she could not..........
Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of minor girl aged 9 years by her uncle - Prosecutrix raised screams but her mouth was gagged - She remained confined in the room for about 9-10 minutes - Said confinement was insignificant and not noticed by other family members - Doctor who examined prosecutrix stated that she was sexually assaulted forcibly about..........
