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..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 342, 376, 376(2)(N), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5L, 6 -- Kidnapping and rape - Prosecutrix aged 18 to 20 years solemnized marriage with accused - Moreover, prosecutrix went with accused on her own free will - Bail granted to accused...........
Indian Penal Code, 1860, Section 376 -- Rape by father - Corroboration not required - If father is offender in rape case, version of prosecutrix can be accepted without any corroboration...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape by father - Testimony of prosecutrix - In rape case, wherein offender is none else but father then version of prosecutrix can be accepted without any corroboration - In the statement of prosecutrix, no material contradictions except about date or month - She being an illiterate person may not be..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Sole uncorroborated testimony of prosecutrix can be accepted if it is beyond reproach...........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - False implication - Due to enmity between family members of prosecutrix and accused - Not acceptable that prosecutrix will level an imaginary charge against accused for having raped her...........
