Indian Penal Code, 1860, Section 376, 452 -- Rape - Prosecutrix was minor on the date of commission of offence - Her consent therefore, not relevant - Delay in lodging FIR also not relevant, as at the time of commission of offence, parents of prosecutrix were not at home and she was all alone in the house - Incident was witnessed by PW11, who is cousin brother of..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Testimony of prosecutrix - FIR registered on basis of statement of prosecutrix - As per medical report, prosecutrix was subjected to sexual intercourse especially keeping in view presence of spermatozoa detected on her clothes - Prosecutrix rendered consistent version qua the commission of offence by accused -..........
Indian Penal Code, 1860, Section 376(2) -- Gang rape - Plea of DNA test of an accused, not available to co-accused - Deceased accused made specific request for DNA profiling to show his innocence - But investigating agency failed to conduct DNA test - Appeal abated on death of accused - Controversy qua deceased accused not under consideration - Request of DNA testing of no..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Reduction of sentence - Amendment of S.376 in 2013 - Applicability - Accused sentenced to undergo imprisonment for 10 years - As per amendment, Court for adequate and special reasons may impose sentence of imprisonment for less than 10 years - Accused not involved in any other criminal case - Accused under gone..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Mere fact that human semen was detected on the vaginal swab of deceased, said fact in itself is not sufficient to hold that offence in question 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 - 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...........
