Indian Penal Code, 1860, Section 376 -- Rape case - Medical evidence - Hymen of the prosecutrix aged 8-9 years found torn and mucosal tear seen on post vaginal wall during medical examination - Sufficient to draw inference of rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Defense of accused - Plea of false implication on account of quarrel with parents of Prosecutrix over parking of vegetable cart - Also the plea that the parents of the Prosecutrix had got her raped by some other person in order to frame the accused - Defense plea is preposterous - No parents will go to an extent of getting..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegation that accused allegedly committed rape after giving assurance of marriage - Admittedly prosecutrix was a grown up lady - Prosecutrix was in love with the accused - She without informing her parents and other person, used to meet the accused frequently for last few years at lonely place and co-habited with him - Held,..........
Indian Penal Code, 1860, Section 376 -- Rape - Married lady aged 22 years - Absence of injuries on the body or private parts - If a rape was committed on a married lady aged about 22 years some marks of injuries would have been found on the private parts of both the prosecutrix and the accused - As no such injury has been found on the body of the prosecutrix, it clearly..........
Indian Penal Code, 1860, Section 376 -- Rape case - Statement of prosecutrix - Evidentiary value - Not a universal principle that conviction can be sustained on the solitary statement of prosecutrix - If there are material contradictions in the statement of the prosecutrix, it requires corroboration - Contention of the prosecutrix aged 40 years that she overpowered the..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegations that accused took prosecutrix to the nearby field and then committed rape on her - Prosecutrix and her father when going to lodge report, accused armed with gun threatened to kill them - Statement of prosecutrix trustworthy - Held, delay in lodging FIR stands duly explained - Accused held guilty even though there..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Three persons allegedly committed rape on prosecutrix - Two of them while fleeing caught by villagers - Prosecutrix failed to identify the two who were caught by villagers - She emphatically stated that those two never committed rape on her - Held, these two cannot be convicted in the absence of any evidence of..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix a foreign tourist - In a camel ride taken to a distant and isolate place in sand dunes - Subjected to rape - Non resistance by the Prosecutrix by violent means - Does not suggest that she was a consenting party - Held, further that if a person is put in a position of fear and helplessness as to be unable to resist..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Determination - Doctor opined age of prosecutrix to be 13-15 years old - Doctor admitted that there is error of 2-3 years on both sides, in the age opined - Held, age of prosecutrix could have been 17 or 18 years...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix alleged that she was dragged to the room and subjected to sexual intercourse - In FIR, however, it was got recorded that she went to the room of her own - This not only contradicts her statement in Court but also suggests that she might have been a willing party - Acquittal calls for no interference...........
