Indian Penal Code, 1860, Section 376 -- Rape - Medical examination of victim - Non-allowance of medical examination by victim raises negative inferences against them...........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Mother of prosecutrix declared hostile, as she did not support prosecution case - Delay in lodging FIR not explained by father of prosecutrix - Prosecutrix and her parents themselves never fully co-operated with medical staff, thereby adversely impacting credibility of their version of events - Prosecutrix was 19 years..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(1), 6 -- Rape - Victim was 14 weeks pregnant at the time of medical examination on 8.8.2023 - However, victim on her examination and her statement given u/s 164 Cr.P.C. said that she last had sex on 22.04.2023 with accused but to be 14 weeks pregnant, she..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 323, 306, 313 -- Bail - Rape - FIR mentions fact that applicant had committed murder of deceased, but investigation stated that it is a case of abetment of suicide - Door of deceased is stated to have been broken open by guard and security officer of society - No direct overt act..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 493 -- Anticipatory bail - Rape - Charge sheet has already been filed - Without commenting on merits of case, anticipatory bail granted to accused subject to the condition that he shall continue to co-operate with investigation...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Determination - Birth certificate of victim is doubtful - Merely because documents are tendered and same are public documents, its manner of procurement and foundational material drawing for birth certificate not being gathered by I.O, it is difficult to accept the date reflected over..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Victim admitted her love relation with accused and she herself seems to have left house, as there is nothing to show that accused kidnapped her - There is long stay for months together, as victim has not returned home to her parents until custody of victim being handed over by father of accused - Mere..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(AB) -- Suspension of sentence during pendency of appeal - Applicant has already undergone custody of 1 year, 2 months and 8 days - Appeal is not likely to be heard in near future - Sentence suspended during pendency of appeal...........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(n), 323, 506 -- Second bail application - Rape - First bail application was dismissed as withdrawn - Second bail application filed approximately 4-1/2 months without any fresh substantial change in circumstances - Allegations made against petitioner are serious in nature and he..........
