Indian Penal Code, 1860, Section 376(2)(f), 377 -- Rape of minor girl aged 7 years - Unnatural offence - Post-mortem report and D.N.A test of deceased conclusively establishes commission of natural and unnatural sexual acts on deceased by accused - Deceased happened to be in care and custody of accused - High Court perfectly justified in imposing maximum sentence of life..........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - Act of accused in inserting his penis into the mouth of prosecutrix, is punishable u/s 377 IPC...........
Indian Penal Code, 1860, Section 376, 377 -- Rape of 11 years old girl - Unnatural offence - Quantum of punishment - Accused was hardly 31 years of age at the time of incident - He has been in jail since his arrest - It is not reported that accused had an bad antecedents and after the occurrence also, he repeated any such crime - There are lot of chances for reformation -..........
Indian Penal Code, 1860, Section 377, 367, 506, Arms Act, 1959, Section 27 -- Sodomy - Accused acquitted viz. (i) deposition of victim is full of material contradictions and inconsistencies and are substantially different from his first statement; (ii) no probable reason for victim to have accepted the offer of accused to pillion ride his motorcycle; (iii) presence of many..........
Indian Penal Code, 1860, Section 377, 367, 506, Arms Act, 1959, Section 27 -- Sodomy - Since prosecution failed to prove its case beyond reasonable doubt, unsatisfactory conduct of accused in jail would not improve the case of prosecution which has to stand on its own legs - Accused acquitted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 377, 498A -- Anticipatory bail - Rape - Unnatural offence - Accused committed unnatural intercourse with his wife without her consent - S.377 IPC provides for voluntary carnal intercourse against order of nature with any woman - Word woman includes wife of man - Application for anticipatory..........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - Non-examination of independent witness - There is no requirement of independent witnesses to be examined in each case - Testimonies of witnesses of facts supported with medical evidence are sufficient to be taken into consideration independently for the simple reason that no claim of previous enmity was proved to..........
Indian Penal Code, 1860, Section 377 -- Unnatural offence - Quantum of sentence - Accused about 22 years of age and suffered agony of trial and pendency of proceedings for a long time - No criminal history of accused is on record - No useful purpose would be served in keeping the accused in imprisonment for long period of 7 years - Sentence reducedfrom 7 years to 3 years..........
Indian Penal Code, 1860, Section 498A, 323, 377, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 323, 377, 506 IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - Allegations in FIR disclosing commission of cognizable offence - Prayer of quashing of FIR declined - Prayer for stay of arrest not granted as it will amount to grant of relief without deciding..........
Indian Penal Code, 1860, Section 366, 368, 377, 342, 511, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Unnatural offence - Quashing of proceedings - An affidavit of victim's mother or victim denying the alleged offence does not make out a case for quashing FIR as it only proves that accused meddles with witnesses and he is in a position to influence the..........
