Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- FIR - Rape - Delay of 50 hours in lodging FIR - Police station at a distance of 5 kms. from the place of occurrence - Reasonable and satisfactory explanation not furnished - Delay is fatal to the prosecution case...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Prosecutrix was taken to house of co-accused persons and raped - Failure of prosecution to conclusive prove age of prosecutrix - Prosecutrix passed through various crowded public places during day time - Cannot be said to be forcibly kidnapped or subjected to rape - Delay in lodging FIR not explained - No..........
Indian Penal Code, 1860, Section 376, 450 -- Prosecutrix a healthy woman of 22 years but did not offer any resistance and made cries only after arrival of her husband - No explanation for delay of two days in lodging FIR - No interference with order of acquittal...........
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 -- Rape - Proof - Allegation that accused took prosecutrix forcibly from one place to another and raped her - Held, once it is shown that both accused persons stayed in same room with prosecutrix, then it would be difficult to accept that only one of them had sex with her - Mere delay in lodging FIR not fatal on facts and circumstances..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay of 13 hours in lodging FIR - Reason explained that victim belonged to low caste and several persons gathered to decide future course of action - FIR of an offence of rape is lodged after giving a serious thought - Delay property explained...........
Indian Penal Code, 1860, Section 376, 377 -- Rape committed on minor aged 10 years - Delay of 3 days in lodging FIR - Held, offence of rape would be a stigma during the lifetime of victim - It is in these circumstances and taking into consideration the culture and effect on the reputation of the victim, that complainant was hesitant to approach the police immediately after..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent of prosecutrix - Accused a Principal in school, allegedly committed rape of girl student - Allegation that accused held assurances of use of unfair means to pass exam 10+2 and admission in JBT course - Unexplained delay in lodging FIR - It is quite possible that false story was fabricated to defame accused and also to..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - No injuries on person of prosecutrix - Delay of 24 hours in lodging FIR and failure to furnish satisfactory and reasonable explanation for the delay - Statement of prosecutrix that her petticoat got stained on account of sexual intercourse and that she struggled - No injuries sustained by prosecutrix in the struggle and..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- FIR - Rape - Delay in lodging rape - Ordinarily the family of the victim would not intend to get a stigma attached to the victim - Delay in lodging the First Information Report in a case of this nature is a normal phenomenon...........
