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 - Sentence - Prosecution failed to prove the offence of rape committed by accused - Accused has already undergone entire sentence since no bail was granted by High Court - Prosecutrix shall refund the amount of Rs.30,000 paid by accused with 6% interest p.a, if payment was made by accused...........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Forcible sexual intercourse - Some injuries and marks of struggle, may be of minor type, were bound to appear on the person of prosecutrix and accused - However, nothing of that sort was observed by doctors, who medically examined prosecutrix and accused - Prosecution failed to prove its case beyond a shadow of reasonable..........
Indian Penal Code, 1860, Section 376(2)(N) -- Rape - Consensual relationship between prosecutrix and accused as per evidence of prosecutrix - Accused was known to prosecutrix from 2013 - Sexual relationship developed between parties - Prosecutrix stayed with accused in the same house even after she got engaged - FIR lodged after delay of more than one year - No video..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 368, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Bail - Rape of married woman - Prosecutrix is aged about 30 years and a married woman - She travelled with accused and stayed with him for about one month - FIR lodged on an application..........
Indian Penal Code, 1860, Section 366, 376(2) -- Kidnapping and rape - Prosecutrix not named accused and did not identify him in Court room - She stated that obscene acts were done by one other person - Prosecutrix stated that her mother asked her to say so - Medical evidence not supported prosecution case - Statements of prosecutrix and her mother do not inspire confidence..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix is major and married woman having two children - Statement of prosecutrix being a virgin thus, cannot be said to be correct - More so, no recovery is ought to be effected from accused and at this point of time there is no apprehension of accused threatening,..........
Indian Penal Code, 1860, Section 376 -- Rape with minor - If sexual intercourse is proved, the offence of rape with minor girl is also proved...........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Determination - Father, mother and prosecutrix are the best witnesses to remember and ascertain the date of birth of prosecutrix - Therefore, oral evidence of these witnesses which is fully corroborates the documentary evidence held, accepted...........
Indian Penal Code, 1860, Section 366, 376, 506 -- Kidnapping and murder of a minor girl - Plea of marriage - Not acceptable as prosecutrix was taken away from complainant`s house on gun point and deadly arms - Even, Hindu Marriage Act does not permit such a marriage that too with a minor girl therefore, alleged marriage must be held to be void-ab-initio and having no..........
