Indian Penal Code, 1860, Section 376 -- Rape - Lodging of FIR after 34 years and that too on the basis of bald statement that prosecutrix was a minor at the time of commission of offence, could itself be a ground to quash proceedings - No explanation for such delay in lodging FIR - Material on record show that relationship was consensual, as son who is born out of said..........
Indian Penal Code, 1860, Section 376, 313, 323, 504, 506, 507 -- Rape - Compromise - Quashing of proceedings - Victim married with accused and they have one son - She has entered into compromise with accused with her free will and without any coercion - No fruitful purpose will be served to proceed against accused - Proceedings quashed...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - False promise of marriage - When relationship between accused and victim was consensual relationship which culminated in the marriage, allegation that physical relationship was maintained due to false promise given by accused to marry, is without basis as their relationship led to solemnization of marriage - FIR quashed...........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix can be sufficient to prove the charge of rape against accused, provided that such statement inspires confidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix can be sufficient to prove the charge of rape against accused, provided that such statement inspires confidence...........
Indian Penal Code, 1860, Section 376, 354A -- Rape of daughter-in-law by father-in-law - Version of prosecutrix does not appear to be free from doubts - Prosecutrix for unexplainable reasons had delayed the disclosure of material facts beyond reasonable limits - Prosecution had alleged that prosecutrix had disclosed entire details about her sexual exploitation to her one..........
Indian Penal Code, 1860, Section 376, 354A -- Rape of daughter-in-law by father-in-law - Version of prosecutrix does not appear to be free from doubts - Prosecutrix for unexplainable reasons had delayed the disclosure of material facts beyond reasonable limits - Prosecution had alleged that prosecutrix had disclosed entire details about her sexual exploitation to her one..........
Indian Penal Code, 1860, Section 376, 493 -- Rape - Victim stated that relationship between her and accused was consensual - She was above 16 years of age at the time of occurrence - Offence u/s 376 IPC not attracted against accused - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 376(2)(g), 342, 34 -- Rape - Sole testimony of prosecutrix - Prosecutrix stated that accused dragged her from her house to the house of accused - However, there are three houses in between the house of prosecutrix and accused and it is difficult to believe that at that time, prosecutrix did not make any cries/hues - More so, no semen was..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegation that accused committed rape upon prosecutrix and got her pregnant - However, specific admission of prosecutrix that accused did not agree for marriage and therefore, complaint was made - Prosecutrix delivered a baby boy - No DNA test was conducted by prosecution to child born to prosecutrix in order to connect crime..........
