Indian Penal Code, 1860, Section 376, 354, 342, 120B, Immoral Traffic (Prevention) Act, 1956, Section 5, 6 -- Rape - Testimony of prosecutrix - Prosecutrix was 17 years of age at the time of incident as per ossification test - She left home without even informing her mother - Missing report was filed by mother of prosecutrix after two days, which report is withheld by..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - A promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time - Acquittal, upheld...........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - Complainant stated that she had physical relationship with accused in the year 2008 and after three or four months thereafter, accused promised to marry her and she had eloped with him - Consent to engage in sexual activity on promise of marriage cannot be sustained - Acquittal upheld...........
Indian Penal Code, 1860, Section 376, 506 -- Rape of mentally retarded girl aged about 19 years - Victim had mild mental retardation - Accused had sexual intercourse with victim by taking disadvantage of her mental illness - Victim delivered a child and accused found to be biological father of child delivered by victim - However, accused totally denied the prosecution case..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of mentally retarded girl aged about 19 years - Reduction of sentence - Accused has undergone 4 years R.I out of 7 years R.I and is married and has two children - Lenient view is already taken by High Court by imposing minimum sentence of 7 years R.I - Accused has exploited victim by taking disadvantage of her mental..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376 -- Bail - Kidnapping and rape - Love affair between parties - Parties are consenting party - Victim solemnized marriage with accused and living with him happily as his wife - Bail granted to accused with conditions...........
Indian Penal Code, 1860, Section 376, 270, 370 -- Rape by HIV positive person - Whether constitutes offence of attempt to murder - If an HIV positive person is aware of their condition and has unprotected sex, then such act can be termed as negligent act - Said person can be punished u/s.270 IPC - Said act would not attract offence for attempt to murder punishable u/s.307..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420 -- Anticipatory bail - Rape - False promise of marriage - Petitioner knowing that victim belongs to SC category and he belong to upper caste and also knowing that his father will not grant permission to marry her, committed rape on her - Specific allegations on record that petitioner took..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 419, 201, 34 -- Bail - Rape - Allegation that accused impersonating a Hindu name despite fact that he was a Muslim, establishing sexual relations with victim on false promise of marriage - However, both accused and victim were grown up adults at the time when first time they established..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Victim aged about 16 years and accused 21 years of age and both are residents of adjacent villages - She voluntarily leaving her home under the pretext of fetching water from water..........
