Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Mere recovery of obscene book from accused during investigation, would not lead to inference that offence of rape and murder was committed by accused...........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Accused was not last seen with deceased - FSL report does not support prosecution version that Goodari or pant of accused or salwar and underwear of deceased was recovered stained with semen and blood - More so, mother of deceased stated that..........
Indian Penal Code, 1860, Section 376(2)(I), 376D -- Gang rape of partially mentally retarded dumb woman - Testimony of prosecutrix - Prosecutrix clearly narrated entire incident that accused forcibly made her flat on ground by assaulting her and committed forcibly sexual intercourse one by one - She sustained injuries on her both hands and her neck while she was trying to..........
Indian Penal Code, 1860, Section 376(2)(I), 376D -- Gang rape of partially mentally retarded dumb woman - Medical evidence - Absence of injury on genital of prosecutrix cannot absolutely wipe out possibility of rape while external injuries are quite suggestive of forcible sexual intercourse with her - Moreover, injuries on left thigh and cheek and other parts of body of..........
Indian Penal Code, 1860, Section 323, 376(2)(I), 376D -- Gang rape - Voluntarily causing hurt - Prosecutrix sustained injuries while resisting to rape - She was assaulted by accused - Medical evidence corroborated injuries sustained by prosecutrix - Offence u/s 323 IPC also made out against accused...........
Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 376(2)(I), 376D -- Compensation - Gang rape of partially mentally retarded dumb woman - In addition to payment of fine amount, Court directed State to pay Compensation for Rs.1 lakh to prosecutrix for injuries she suffered due to offence committed u/s 376-D IPC...........
Indian Penal Code, 1860, Section 376(1), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - False case - Age of both the prosecutrixes was held to be major on the date of occurrence and they gave false evidence and turned hostile - FSL and DNA reports not matched according to allegation made against accused - Acquitted upheld - Trial..........
Indian Penal Code, 1860, Section 354, 376 -- Nature of offence - Accused dragged victim to a maize field and got her naked and tried to commit rape and thereafter people assembled and he fled away - No evidence on record that victim further physically assaulted - Doctor also found no injury on person of victim - Evidence of victim is supported by her brother and mother -..........
Indian Penal Code, 1860, Section 376(2)(N), 506, 323 -- Rape - False promise of marriage - Order framing charges - Prosecutrix being already married established sexual relations with accused during subsisting marriage - Apparently claim made by prosecutrix that she was allured by false promise of marriage given by accused is totally baseless, false and fictitious -..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Prosecutrix aged 30 years is a married lady having three children - She after death of her husband developed physical relations with accused with assurance that he will solemnize marriage with her - Allegation that prosecutrix was put under fear of terror and forced her to engage in sexual intercourse is not acceptable in..........
