Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix's testimony lacks corroboration from scientific and medical evidence and discrepancies between her account and medical report undermine her credibility - Non-production of FSL reports further weaken the allegations - Additionally, FIR was lodged with a delay of 3 days without any satisfactory explanation, which is..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim - Victim extensively cross-examined by accused but nothing incriminating elicited from her so as to discredit her testimony - Testimony is corroborated partly by her father - Even though no injury found on the body or private part of victim, it cannot be a ground to disbelieve her testimony - Victim was..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused was 35 years at the time of incident - About 27 years have lapsed since the incident - Accused has only remained confined for four months and 11 days in jail and since then he is on bail - Sentence reduced from 10 years R.I. to minimum punishment of 7 years - However, fine imposed is enhanced..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 376(2)(n) -- Framing of charges - Rape - Promise to marriage - Not even single averment made in complaint that accused refused to marry victim or that marriage between them became impossible - Even, parties maintained relationship for 5 long years which makes it difficult to hold that sexual..........
Ranbir Penal Code, 1989, Section 376, 506 -- Rape - False promise of marriage - Quashing of FIR - Victim and petitioner were major on the date of incident - They maintained their relations for six to seven long years - FIR was lodged only after petitioner did not accede to demand made by victim to send a proposal of his marriage to her parents and prior to that, no..........
Indian Penal Code, 1860, Section 364, 376 -- Abduction and rape - Entire story as narrated by victims is full of holes and it raises a grave suspicion which qualifies as reasonable doubt - Nobody examined from matrimonial house to speak on the victims having left their residence without informing their in-laws or their husbands - Doctor who examined victims, deposed that..........
Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the pretext of marriage - Quashing of FIR - Long-drawn relationship of appellant and prosecutrix including circumstance of their living together and cohabiting with each other, that too in a separate rented accommodation, would give rise to a presumption that their..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of any spermatozoa in vaginal swab cannot alone belie prosecution story of rape...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Potency test of accused is not essential to prove charge of penetrative sexual assault or rape, more particularly when there are other overwhelming evidences in support of charge of rape and there is also no claim from accused that he was incapable physically of..........
