Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Kidnapping and rape - Determination of age of prosecutrix - Evidence of father and mother of prosecutrix along with prosecutrix herself discloses that victim was minor at the time of incident - Other than these witnesses, none of witnesses suggested that prosecutrix was major - There remains no controversy with regard..........
Indian Penal Code, 1860, Section 363, 366A, 376, 34 -- Kidnapping and rape - Prosecutrix aged 12 years kidnapped and raped by accused - Doctor who examined prosecutrix categorically opined that she was sexually exploited - Presence of accused `V' and `M' accompanied with main accused `R' established on record - Conviction of these accused thus maintained - As regarding..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of three years old girl - Plea of alibi - Plea of alibi not taken by accused in his statement u/s 313 Cr.P.C. - Moreover, accused was on leave from his work on the date of incident, thus plea of alibi that he was on his work place at the relevant date, negated - Convincing evidence on record that under..........
Indian Penal Code, 1860, Section 376, 457 -- Rape - Lurking house trespass at night - Circumstantial evidence - Allegation that accused entered in the house of prosecutrix at night and pointed a 12 bore katta on her and committed the offence - However, said 12 bore katta not recovered - No injury on private or other parts of body of prosecutrix - Even semen was not found..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376 -- Discharge - Rape case - Material evidence available against accused - Trial Court recorded categorical findings while denying discharge the accused - Even no suspicion found in the statement of prosecutrix by trial Court - discharge application rightly dismissed...........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and gang rape - Sole testimony of prosecutrix - Prosecutrix did not know accused before the incident - Accused is a tantrik and took prosecutrix and committed rape upon her in the jungle with the help of co-accused - Nothing elicited from statement of prosecutrix, which can be termed as material contradiction -..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Prosecutrix was major on the date of incident - Informant had knowledge of the fact that prosecutrix was married with accused on her own sweet will - Even otherwise, prosecutrix herself admitted that she visited different places along with accused without any protest and complaint to anyone - No offence..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Discharge - Kidnapping and rape - Dispute as to real age of prosecutrix - There is grave suspicion whether on date of occurrence prosecutrix was major or minor - Age of prosecutrix has to be determined as per R.12 of Juvenile Justice Rules, 2007 - Therefore, trial Court..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 376(2)(f), 506 -- Appeal against acquittal - Leave to appeal - Rape - Prosecutrix not levelled allegations of rape in her first version before police - Allegations of rape levelled by prosecutrix after period of 8 days from date of occurrence - Civil disputes pending between parties relating to..........
