Indian Penal Code, 1860, Section 376 -- Rape - Absence of injuries on the external or internal parts of prosecutrix by itself cannot be a reason to disbelieve the testimony of prosecutrix or acquitting the accused - Even mere fact that hymen is intact or that there is no actual wound on the private part of prosecutrix is not conclusive of the fact that prosecutrix was not..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnaping and rape - Age of prosecutrix was below 16 years - No injury was found on the body of prosecutrix and she was habitual to intercourse - Accused and prosecutrix were known to each other from before - Prosecutrix has tried to help the accused and not fully supported the prosecution case - She was declared hostile..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g) -- FIR - Gang rape - When prosecutrix went to police station along with her family members she was bleeding profusely, thus, FIR is prompt and there are remote chances of false implication and embellishment...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Sole testimony of prosecutrix - Corroboration as a condition for judicial reliance on the testimony of prosecutrix is not a requirement of law but a guidance of prudence under given circumstances...........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 164A -- Gang rape - Medical examination of prosecutrix - Prosecutrix examined through private hospital as she was bleeding profusely and if attendants would have taken her to government hospital there were chances that she would have collapsed due to excessive bleeding - Moreover, there is..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Prosecutrix was above 16 years of age at the time of incident - She stated in her statement that she did not give her consent for commission of rape and act of sexual violence was committed on her against her will - Accused failed to give any explanation in his statement u/s 313 Cr.P.C., nor he was able to adduce..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Reduction of sentence - Court imposed a minimum sentence of 10 years keeping in view the manner in which rape was committed in a ghastly and brutal way and how life and soul of victim and her family was shattered - No interference warranted in the order of sentence of accused - Appeal dismissed...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Consensual sexual intercourse - Prosecutrix delivered a child of said relationship - Age of prosecutrix was above 22 years at the time of incident and accused was 19 years old - Path where prosecutrix was allegedly raped was frequented by people - Version of prosecutrix that she shouted for help but nobody came to rescue..........
Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 366, 376(2)(g) -- Abduction and rape - Prosecutrix changing her version again and again and giving false statement in Court - It is still to be decided as to which part of the statement is false - Proceedings drawn by trial Court u/s 344 Cr.P.C. shall proceed in accordance with law - Conviction of..........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Abduction and rape - Conviction on the statement of victim - Prosecutrix changing her versions again and again and thus she is wholly unreliable witness - In case prosecution is based on wholly unreliable testimony of a single witness, Court has no option but to acquit the accused - Accused acquitted...........
