Indian Penal Code, 1860, Section 363, 366, 376 -- Abduction and rape - Prosecutrix was more than 16 years of age on date of incident as per her own admission and other evidences on record - She admitted that she stayed with accused for two and half months and despite having opportunity did not complain anybody in this regard - Moreover, prosecutrix and her mother admitted..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 366, 376(2), 506(I), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2) -- Kidnapping and rape of 15 years old girl - Glaring inconsistencies found in statement of prosecutrix and her mother about occurrence of alleged incident, which has..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n), Evidence Act, 1872, Section 27 -- Rape on minor and murder - Discovery of evidence - Accused led police to place of offence and to place of concealment of victim body - Accused alleged that spot was easily accessible to public and hence accused could not..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n), Evidence Act, 1872, Section 27 -- Rape on minor and murder - Discovery of evidence - Witnesses and police have been led to locus criminis by accused and at his behest articles were recovered despite lapse of six months from accident, thereby leaving no..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n), Evidence Act, 1872, Section 3, 27 -- Rape on minor and murder - Discovery of evidence - Consistent testimony of informant that victim and accused were missing from morning and there appears to be no afterthought or foul play in this regard - Informant..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Husband and father-i, law of prosecutrix stated that attempt to rape on part of accused upon prosecutrix not happened in their presence - Statement of prosecutrix is contradictory in itself - Dispute is going on between the husband, father-i, law of prosecutrix and accused - Prosecution failed to prove its case..........
Indian Penal Code, 1860, Section 376(d) -- Rape - Medical examination - Rape on 22.10.2015 - Complainant and her husband refused medical examination when so asked by IO on 7.11.2015 - Prosecutrix got her medical examination done on 20.11.2015 - Held, medical examination is wholly irrelevant...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(d), 323, 452 -- Quashing of order - Order summoning accused - Gang Rape - No material on record that accused committed rape upon prosecutrix - Except from bald assertions of prosecutrix that all accused raped her, there was nothing which could led the Courts to form a opinion that it is a fit..........
Criminal Procedure Code, 1973, Section 374, 376, Indian Penal Code, 1860, Section 64 -- Appeal - Maintainability - Order of compensation - Compensation which is treated as a fine in terms of S.64 IPC and a direction for imprisonment in default of payment of such compensation is appealable u/s 374 r/w S.376 Cr.P.C., as it was a `sentence of fine' for the purposes of such..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused a married man developed physical relations with prosecutrix a divorcee, as a result of which she gave birth to twins - Physical relations were established on the assurance of accused to marry prosecutrix, as he had proclaimed himself to be widower - However, evidence on record shows that..........
