Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - False promise to marry - If it is established and proved that from inception accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such assurance by accused that he will marry her, such consent is said to be consent obtained on..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 417, 376 -- Discharge - Cheating - Rape - False promise of marriage - Prosecutrix is a married woman and mother of a daughter, gave consent for physical relation with accused on promise and assurance to marry her and due to such promise she gave kulla talaque to her erstwhile husband to marry..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of injury on the body of victim - Cannot lead to conclusion that she had given her consent and indicates that she did not put up resistance...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A -- Rape - Consent - Presumption - Victim categorically denied consent for sexual intercourse - Provisions of S.114-A Evidence Act stands applicable...........
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came..........
Indian Penal Code, 1860, Section 376 -- Rape - Sexual intercourse on pretext of marriage - Love affair between prosecutrix and accused - It is not proved that accused had no intention to marry prosecutrix at the first time of intercourse - It is only when father of accused refused to accept prosecutrix as his daughter-in-law that actual marriage did not take place -..........
Indian Penal Code, 1860, Section 376 -- Rape - In the absence of external injury to the person of prosecutrix, it cannot be concluded that incident had taken place with consent of prosecutrix - It depends upon facts and circumstances of each other...........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix 12 years at the time of occurrence - Consent of prosecutrix is thus, immaterial - Evidence of prosecutrix is supported by medical evidence and also by evidence of PW4, who saw accused running away from scene of occurrence - Delay in lodging FIR properly explained as uncle of prosecutrix not in village and on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420 -- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by..........
