Indian Penal Code, 1860, Section 376, 506 -- Rape of widow - Prosecutrix reported the matter after more than 1 month of incident - Testimonies of PWs are vague and hearsay - No explanation given by prosecutrix as to why she did not disclose the matter to anyone even to her close relatives - Defence of threat as put by prosecutrix is totally false, as she stated that..........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Testimony of prosecutrix - Prosecutrix was 8 years old girl at the time of incident and if some questions were answered in the manner on which questions were put to her in cross-examination then on that basis her statement was not liable to be disbelieved - Her statement was fully supported by medical..........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Prosecutrix was medically examined in the night itself in which injury on her private part was found - Sperm of human found on the underwear of prosecutrix - Medical evidence thus, fully supported the prosecution case - Evidence of PW2 and PW3 which are corroborative evidence of fact subsequent to incident..........
Indian Penal Code, 1860, Section 376 -- Rape of 8 years old girl - Quantum of sentence - Accused is a married man having small children - He has no criminal history - Accused thus, sentenced to 15 years imprisonment with fine of Rs.20,000 and in case of default in payment of fine additional sentence of 3 months will be served by accused...........
Indian Penal Code, 1860, Section 376, 420, 494 -- Rape - Prosecutrix and accused belong to same area and their families are in social relations with each other - Both are known to each other from last 3 years - Prosecutrix stayed with accused in hotel room with her free volition having raised no hue and cry - Medical report shows no injury on the body of prosecutrix and..........
Indian Penal Code, 1860, Section 376, 417, 419 -- Rape - False promise of marriage - Love affair between parties - Promise to marry by cousin brother - Prosecutrix must be in full knowledge of fact that such marriage would never occur - Prosecution failed to substantiate charges levelled against accused beyond reasonable shadow of doubt - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - Offence u/ss 376, 506, 120-B IPC and S.3 of SC&ST Act - Statement of young prosecutrix has been recorded and that proceedings before trial Court have been stayed in quashing petition..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix disclosed her age to be about 30 years - She admitted to have had continued physical relationship with accused for several years on the hope of marriage - Moreover, accused is not having any criminal history - There is no likelihood of early conclusion of trial -..........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - No injury on person of prosecutrix - Chances of absence of injury marks on person of prosecutrix as prosecutrix examined after 18 days of incident - Cannot give any benefit to accused...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Rape - Minor discrepancies in the statement - Cannot be made a ground for allowing appeal against conviction in view of specific statement of prosecutrix with regard to commission of rape...........
