Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of prosecutrix - Prosecutrix was a major girl studying in first part of B.A. at the time of incident - Though she was subjected to detailed cross examination, she stood firm and unshaken disclosing the incident in detail regarding the presence and participation of accused in ravishing her - Evidence of..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Medical evidence - Absence of injuries on the private parts of prosecutrix is not always fatal to the case of prosecution - Prosecutrix stated that accused overpowered her and pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - Thus, it is possible that there were no major injury..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Merely by alleging that mother of prosecutrix was a lady of easy virtue or her husband left her, there is absolutely no supportive material brought by appellant in his defence so as to explain why he was implicated - Question of conviction of accused for rape of prosecutrix is independent and distinct - It has absolutely..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366, 376(2)(n), 344, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Abduction and rape - Prosecutrix and appellant were having a consensual relationship - Prima facie no plausible explanation for lodging FIR after a..........
Indian Penal Code, 1860, Section 363, 366, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Victim and accused have entered into a marital relationship and are living a happy and peaceful life which reflects a genuine reconciliation - Continuation of legal..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Testimony of father and mother of victim and victim herself shows that on the false pretext of marriage, physical relationship has been established - It appears therefore that physical relationship is with the consent of victim having known even to mother..........
Indian Penal Code, 1860, Section 366, 376, 511 -- Offence u/ss 366, 376, 511 IPC - Compromise - Victim in her statement recorded u/s 164 Cr.P.C. has specifically deposed that she is in friendship with petitioner and she roamed with petitioner in Udaipur - She further deposed that petitioner did not commit any wrong act with her - No offence is made out against petitioner..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused is not liable for offence of rape if victim has willfully agreed to maintain sexual relations...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Prolonged period of 16 years during which sexual relations continued unabatedly between parties, is sufficient to conclude that there was never an element of force or deceit in the relationship...........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
