Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Prosecutrix is a major lady aged about 21 years and undisputably she continued to have physical relationship with appellant at least for about one year - She admittedly passed B.Sc, so she is intelligent enough to understand the significance and consequences of moral or immoral quality of act which she was consenting to..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - There is no promise of marriage to coerce consent from victim for sexual intercourse as forthcoming from the statements made by victim - Promise if any was after first physical intercourse and even later allegation was forceful intercourse without any..........
Indian Penal Code, 1860, Section 376 -- Rape - Only a man can commit rape within the meaning of S.376 IPC - There is thus, no scope to incorporate commission of rape by woman u/s 376 IPC...........
Indian Penal Code, 1860, Section 376, 109 -- Rape - Woman though cannot commit rape, but can still be held liable for abetment u/s 109 IPC - Abetment is separate and distinct offence than rape and if the act abetted is committed in consequences of abetment, then person i.e. man or woman abetting such crime is liable to be punished u/s 109 IPC - Thus, woman and man both can..........
Indian Penal Code, 1860, Section 376, 506II, 190, 34 -- Rape - Names of applicants are not mentioned in the FIR but in the statements of prosecutrix recorded u/ss 161 & 164 Cr.P.C., specific allegations have been leveled against applicants regarding abetment of committing rape by co-accused with prosecutrix - Prima facie it seems that applicants committed an offence u/s..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of evidence of prosecutrix is, not in all cases, a negative to be accounted for in prosecution case...........
Indian Penal Code, 1860, Section 376 -- Rape - Finding of injury on the genital organ of the accused being possible only due to forceful intercourse with a minor female, leads to a circumstance pointing to the accused having committed the offense against `V' - Appeal allowed...........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376(2)(f), 376(2)(i) IPC and Ss.3, 4 of POCSO Act - Sections of IPC provides for a higher sentence as compared to Ss.3, 4 of POCSO Act - Trial Court was justified in choosing the former to award punishment in terms of S.42 of POCSO..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Merely because in the medical evidence, there are no major injury marks, this cannot be a reason to discard the otherwise reliable evidence of prosecutrix - It is not necessary that in each and every case where rape is alleged there has to be an injury to the private parts of victim and it depends on..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of prosecutrix - Prosecutrix was a major girl studying in first part of B.A. at the time of incident - Though she was subjected to detailed cross examination, she stood firm and unshaken disclosing the incident in detail regarding the presence and participation of accused in ravishing her - Evidence of..........
