Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Medical examination report completely corroborates the history of rape as stated by victim - Absence of any spermatozoa in vaginal swab cannot alone belie prosecution story of rape - Nothing is found from evidences of doctor and witnesses to raise a..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Reduction of sentence - Victim was already married - Appellant contended that some lenient view may be taken in the matter of sentence - Contention rejected, as minimum prescribed punishment was imposed upon appellant by Trial Court, therefore, no further..........
Protection of Children from Sexual Offences Act, 2012, Section 10, Indian Penal Code, 1860, Section 376(2)(c), 511, 448 -- Offence u/s 10 of POCSO Act and Ss.376(2)(c), 511, 448 IPC - Evidence of victim girl and medical examination report prima facie do not indicate that there was any penetration or rape committed by petitioner on the victim girl nor that he attempted to..........
Indian Penal Code, 1860, Section 363, 366, 376, 201, 34 -- Abduction and rape - Material contradiction in the statement of prosecutrix as to the date of commission of rape - Since accused `S' was not with prosecutrix in the night of incident when she was in the house of co-accused `C' and there is no allegation of rape against co-accused `C' in whose house she stayed on..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Age of prosecutrix - No cogent and satisfactory evidence has been led by prosecution to prove exact age of prosecutrix - In the absence of any cogent and satisfactory evidence on record, it cannot be said that prosecutrix was minor at the time of alleged incident...........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Statement of prosecutrix can be sole basis for conviction unless there are cogent reasons for Court to be hesitant in believing the statement at its face value or to seek corroboration...........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Prosecutrix went with accused on his scooty and travelled various places i.e more than 100 kms and she must have crossed number of populated area and police posts but she did not raise any hue and cry qua her kidnapping - She also stayed in two hotels, where also she did not raise any alarm qua..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim girl is fully reliable witness and her recovery from house of appellant fortifies happening of occurrence against victim girl - Testimony of victim of sexual crime cannot be looked under doubt and no corroboration from independent source is required for such offence, which usually happens in..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim is opined to be between 16-17 years as per medical examination report - Mother of victim has categorically stated that victim has never gone to any school - Defence has also not brought on record any evidence in respect of age of victim - However, there is clear cut evidence of victim girl..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376D, 397, 376(3), 376(DA), 395, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Juvenile - Bail - Rape - Appellant belongs to a poor and uneducated family belonging to a Scheduled Caste community, struggling for its sustenance and appellant was..........
