Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Attempt to rape - No injury was found on the body of victim - Prosecution utterly failed to establish that clothes of victim and accused were properly taken, properly stored and properly transmitted to FSL - Chain of custody of the same has not been established..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Rape - Victim is a minor girl aged about 14 years - Applicant is the father of victim - Victim identified applicant as principal offender who trafficked her for money - Offence in question is grave and..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused and victim being legally married husband and wife and victim being major, sexual intercourse between two if forcible cannot be considered rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim left her house along with accused without informing her parents or any of her relatives - Age of victim was around thirty years at the relevant time - They got married and after their marriage, they lived together as husband and wife in the house of accused for one and half months - Victim did not raise any hue and cry..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 452 -- Bail - Rape - Victim was won over by accused on account of a long gap of two months and nine days between examination-in-chief and cross-examination and she resiled from the version as deposed in the examination-in-chief which fully incriminates the accused - Considering the..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim was recovered by police from the house of accused as per PW1 and PW2 - However, I.O. stated that victim was recovered near Railway station - No plausible explanation given for inordinate delay either in FIR or in evidence of witnesses - Main witness who is brother of victim was not examined during..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Dying declaration - All the witnesses have clearly stated that deceased after coming out from the room in flames has shouted that accused had committed the crime - DW1 who was examined on behalf of defence also..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Death sentence - Conduct of accused in the prison has been found to be satisfactory - Accused was brought up by his father as a single parent, as he lost his mother at the tender age of 8 years and his elder..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 376(2)(n) -- Discharge - Rape - Specific case of prosecution is that accused maintained a love affair with victim on the promise of marriage and he subjected her to sexual intercourse twice repeating the said promise - Prima facie materials of prosecution would show that offence u/s..........
