Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Testimony of prosecutrix is at par with that of injured witness - Testimony of prosecutrix does not require corroboration if evidence of prosecutrix inspires confidence and appears to be credible...........
Indian Penal Code, 1860, Section 376(2)(g), Evidence Act, 1872, Section 3 -- Gang rape of minor girl - Appreciation of evidence - As per younger sister of prosecutrix accused entered house, forcibly dragged prosecutrix out and committed gang rape on her as at the time of occurrence prosecutrix was alone at home with her younger sister - Younger sister of prosecutrix..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape of minor girl - Plea of enmity between parties - Mere filing of theft case cannot be termed as enmity between parties and no father will file false case at risk of his minor daughter as in Indian society, rape upon woman is always regarded as stigma - Hence, plea of accused about enmity between accused and father of..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape of minor girl - Common intention - Both accused entered house, forcibly dragged prosecutrix out and when accused was committing rape upon prosecutrix co-accused `M' was guarding the area - Though co-accused `M' has not committed rape but by virtue of S.376(2)(g) IPC he is guilty of offence as he has accompanied..........
Indian Penal Code, 1860, Section 364, 376(2)(f), 302, Evidence Act, 1872, Section 27 -- Kidnapping, rape and murder of 4 years old girl - Disclosure statement - Confession leading to recovery of dead body - Deceased was last seen with accused by PW4 and PW5, which was corroborated by PW6 - Accused confessed his guilt and also disclosed place wherefrom dead body was..........
Indian Penal Code, 1860, Section 376 -- Rape - Determination of age - School Certificate cannot be considered a primary evidence in the absence of admission form and scholar register of the school...........
Indian Penal Code, 1860, Section 376, 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Conviction - Appreciation of evidence - Age of prosecutrix - On the basis of school certificate, trial Court concluded that prosecutrix was minor at the time of incident though she was a consenting party in respect of..........
Indian Penal Code, 1860, Section 302, 376, Criminal Procedure Code, 1973, Section 156 -- Defective Investigation - Offence u/ss 302, 376 IP - Accused may not be acquitted on minor lapses by police in conducting investigation - Moreover, it is almost impossible to come across a single case where investigation is completely flawless or absolutely foolproof...........
Indian Penal Code, 1860, Section 376(2), 384, 354A, 354C, 341, 323 -- Rape of married woman - Prosecutrix limited her allegations against accused to extent of outraging her modesty - Allegation set out in clarification affidavit of prosecutrix was nothing but after thought - Prosecutrix knowingly and deliberately tried to improve her version step by step and tried to..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Sentence - Prosecutrix and accused, both adolescents having love affair - She left her parent's house voluntarily without any force - Both of them stayed together for around 10 days and nature of sexual intercourse was consensual - Moreover, accused already undergone imprisonment for 2 years 9 months -..........
