Indian Penal Code, 1860, Section 376(2)(f), 377, 506 -- Rape of 11 years minor girl - Unnatural offence with 7 years old girl on point of knife - Knife recovered at instance of accused - Victim girl subjected to medical examination soon after incident - Medical report of victims corroborates ocular evidence - Finding of blood of victims on clothes of accused corroborates..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D -- Bail - Prosecutrix had developed physical relations with accused in year 2014 and FIR was registered about two years thereafter - As to whether it was a consent case or what is effect of delay in reporting matter to police, is a fact to be seen by trial Court - Petitioner was arrested..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 376, 465, 467 -- Third bail application - Cheating and rape - Prosecutrix is 52 years old and accused is 45 years old - She married accused without seeking divorce from her previous husband - Factum of petitioner being already married is also in the knowledge of prosecutrix - Prosecutrix a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(g), 354, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(2)(v), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape - Prosecutrix totally gave up allegations levelled against co-accused and was..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - Where both persons out of their own will and choice, develop consensual physical relationship and when relationship breaks due to some reason, women use law as weapon for vengeance and personal vendetta - Women tend to convert such consensual acts as incident of rape due to anger and frustration which defeat..........
Indian Penal Code, 1860, Section 376, 328 -- Rape - Promise to marry - Appeal against acquittal - Leave to appeal - Prosecutrix is star witness of case and she has not supported prosecution version - She is adult lady aged 27 years and was having friendly relations with accused - Prosecutrix stated that FIR was got registered against accused under some misunderstanding and..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual act - Prosecutrix caught in toilet by her maternal uncle in totally nude compromising position with accused - No injuries were found on body of prosecutrix - No signs of fresh sexual intercourse were noticed on genitals of prosecutrix - Matter was reported only because act was discovered - Evidence on record shows..........
Indian Penal Code, 1860, Section 363, 366A, 376, 511 -- Kidnapping Attempt to commit rape - Attempt made for forcible sexual intercourse but accused could not accused - Unbelievable when prosecutrix was at the mercy of accused for a period of three days - Two conclusions which can be drawn are : (i) accused did not try to establish sexual relations; (ii) sexual relations..........
Indian Penal Code, 1860, Section 376(1), Evidence Act, 1872, Section 118 -- Rape of 8 years old minor girl - Testimony of victim/child witness - Victim duly identified accused and narrated entire incident without any infirmity in it - She was subjected to thorough cross-examination but nothing came out which may dent the veracity of her deposition - Medical examination of..........
Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - Sexual intercourse on pretext of marriage - Charge stands belied when prosecutrix permitted accused to sexually access her even when accused resiled from his promise and there is delay in lodging FIR - Accused acquitted...........
