Protection of Children from Sexual Offences Act, 2012, Section 6, 29, 30, Indian Penal Code, 1860, Section 376 -- Sexual assault - Rape on victim aged 11 years - Appeal against acquittal - Testimony of witnesses - Prosecutrix described the incident as it happened in detail - Statements made by her at all stages are consistent and is corroborated by an eye witness -..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 376 -- Rape of minor aged 11 years - Mere fact that prosecutrix and her sister may have appeared to be asleep when their brother returned home and did not report the crime to him on same night of incident, is not a ground to disbelieve the otherwise, credible testimonies of prosecutrix corroborated by..........
Indian Penal Code, 1860, Section 363, 376(AB) -- Kidnapping and rape of 8 years old girl - Direct evidence of prosecutrix, PW2, PW14 is on record and there is evidence of seeing accused running from spot carrying trouser in his hand immediately after incident - Evidence of said witnesses fully corroborated by medical evidence and other witnesses - Age of prosecutrix at the..........
Indian Penal Code, 1860, Section 363, 376(AB) -- Kidnapping and rape of 8 years old girl - Death sentence - Rarest of rare case - There was no external injury on the body of prosecutrix except ruptured of hymen - Said injury was ordinary in nature - However, there is no other injury on the body or private parts of prosecutrix - Manner in which offence is committed is not..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 12 years old girl by her own father - Merely because hymen of victim child was not found ruptured, it cannot be said that she was not subjected to penetrative sexual assault, particularly when there is clinching evidence of victim coupled with medical evidence..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 376 IPC and S.4 of POCSO Act - In order to make out offence u/s 376 IPC and S.4 of POCSO Act, complete penetration is not required - Slightest penetration is sufficient to constitute offence of rape or penetrative sexual assault...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 12 years old girl by her own father - Testimony of victim/child witness - Child witness deposed against her own biological father - Nothing in cross-examination of child witness to suggest even remotely that she was tortured by someone else to falsely implicate..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Evidence Act, 1872, Section 3 -- Murder and rape of 3 years child - Appreciation of evidence - It is evident that just before the recovery of dead body of the victim, accused was lastly seen with the deceased and said fact has been corroborated by number..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Murder and rape of 3 years child - Though there are aggravating circumstances, but early age of accused is also required to be noticed - Even, accused is the first..........
Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole..........
