Indian Penal Code, 1860, Section 376, 323, 342 -- Rape of 7 years old girl - FIR does not give description of accused either in form of age or physique - Though accused was seen running from scene of occurrence holding his pant by PW1/father of prosecutrix, but he could not see face of person who ran after commission of offence - Even in identification parade, PW1 not..........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 9 years old girl - Death sentence - Accused dragged girl aged 9 years into a sugarcane field, raped her and dumped her in a well - Cause of death according to medical evidence was signs of recent sexual intercourse with death due to drowning - Manner of commission of crime is extremely brutal - However,..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of victim - A victim, who is admittedly a minor and if medical tests are conducted for determination of age, and assuming that such medical determination supports the claim of minor victim, the principle of +2 and -2 cannot and ought not to be mechanically applied to deprive the minor victim of the protection available to..........
Indian Penal Code, 1860, Section 376 -- Rape - Determination of age - Appeal against acquittal - Medical evidence shows the age of the victim is about 14 years - If principle of +2 and -2 years is applied, then the victim could be either 12 years or 16 years - Hence, victim was less than 16 years of age on the date of incident, and therefore, a minor - Order of acquittal..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape of minor girl - Victim was under 12 years of age at the time of occurrence - Delay in lodging FIR regarding first incident properly explained by prosecution, as victim was under threat to be killed by accused - At the time of commission of second incident mother of victim fortunately arrived at the..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Rule 12 -- Juvenile - Determination of age of prosecutrix - Rape case - Neither matriculation certificate, nor date of birth certificate from school first attended and birth certificate by Corporation or a Municipal authority or a Panchayat was on record - Prosecutrix was examined by Medical Board which has..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 342 -- Rape and murder - Death sentence - Rarest of rare case - Deceased was last seen in the company of accused - Dead body of deceased found in the house of accused - Medical evidence corroborated the prosecution version - Prosecution proved its case - Accused rightly convicted - However, case does not fall in the category..........
Indian Penal Code, 1860, Section 363, 376(AB) -- Kidnapping and rape of 8 years old girl - Direct evidence of prosecutrix, PW2, PW14 is on record and there is evidence of seeing accused running from spot carrying trouser in his hand immediately after incident - Evidence of said witnesses fully corroborated by medical evidence and other witnesses - Age of prosecutrix at the..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Murder and rape of 3 years child - Though there are aggravating circumstances, but early age of accused is also required to be noticed - Even, accused is the first..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - Rape - Summoning of prosecutrix and her parents for cross-examination over age of prosecutrix - Since witnesses not stated any fact regarding rape, no questions were asked regarding her age - However, as per FSL report and DNA report, semen found on vaginal swab tallied with blood group of petitioner - In..........
