Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
Indian Penal Code, 1860, Section 376 -- Rape - Non-examination of mother of prosecutrix and one `G' - When the evidence and material witnesses have clearly proved involvement of accused in commission of crime, accused cannot derive any benefit for non examination of mother of prosecutrix and one `G' who had also arrived at the place of occurrence...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Merely because a girl is friendly with a boy and day is valentine day, it does not give licence to boy to forcibly establish sexual relations with her...........
Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Filing hair parting of girl with vermilion without her consent cannot be justified, though it is not a prescribed offence...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Alleged incident occurred against consent of victim - It is not a fit case to grant bail to accused at this stage - Bail application dismissed...........
Indian Penal Code, 1860, Section 376(2)(i), 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Rape - Victim was minor on the date of incident - Evidence of victim gets due support from testimony of PW5 who is neighbour and had seen victim along with accused on the relevant day - Defence was unable to bring anything on record to discard the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.69) - Bail - Rape - False promise of marriage - Applicant had repeatedly assured prosecutrix that there was no impediment to their marriage including on aspect of kundali matching and had represented that horoscopes had already matched - It is on..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Nothing is found that promise was there from inception of long standing relationship and prosecutrix engaged in sexual relations on basis of such promise - Rather, case would be an instance of consensual sexual relationship with subsequently turned..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Kidnapping and rape - Accused kidnapped prosecutrix minor in age and after taking her to various places he sexually ravaged her - All family members of prosecutrix have supported prosecution allegations..........
