Indian Penal Code, 1860, Section 376(2)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape of 8 years old minor girl - Case of partial penetration - Reduction of sentence - Redness in vulva and vagina accompanied by slight swelling in vagina proves that child was sexually abused and was exploited - Accused denied said fact and pleaded..........
Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3 -- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - False promise to marry - Merely because accused is now married and/or even that prosecutrix has subsequently married - Not a ground not to convict accused...........
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..........
Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506 -- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix - Prosecutrix..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appeal against conviction - Appreciation of evidence - Prosecution failed to prove case against accused beyond reasonable doubt due to following reasons : (i) prosecutrix not examined by doctor after alleged incident; (ii) in absence of any medical examination done, prosecution not examined any..........
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 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Testimony of PW8, who claims to be an eye witness is not reliable and trustworthy - Her testimony in Court is full of material omissions/contradictions/improvements - PW8 not stated true facts - Even, prosecution suppressed the material..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - False implication - Compensation - All accused who were nomadic tribes are falsely implicated and roped in the case - Except one all of them are in jail since last 16 years - All of them facing sword of death penalty - Out of six accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 313, 506, 120B, 34 -- Bail - Rape case - False promise of marriage - Accused and prosecutrix lived together for some time and she became pregnant and aborted many times - Statement of prosecutrix already recorded - Without expressing any opinion on merits of case and keeping in view the..........
