Indian Penal Code, 1860, Section 376, 458 -- Rape of a married woman when she was alone at home - However, on the same evening at 8.30 p.m, when prosecutrix went to her tenant for calling up her husband, it is indeed very surprising that she did not tell tenant anything about the occurrence - Prosecutrix on the next morning went to her sister-i, law PW3 and told everything..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Age of prosecutrix proved to be below 16 yrs - Consent of prosecutrix, even if assumed to be there, is immaterial and inconsequential...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction can be founded on sole testimony of prosecutrix unless there are compelling reasons for seeking corroboration - However, corroboration as a condition for judicial reliance on testimony of prosecutrix is not requirement of law but a guidance of prudence under the given circumstances...........
Indian Penal Code, 1860, Section 363, 366, 376, 506, 201, 34 -- Kidnapping and rape - Except the testimony of prosecutrix, nothing on record to prove link of accused with co-accused and owner of house where allegedly act of rape was committed - As per medical evidence, prosecutrix may have been subjected to rape, but by whom still remains unanswered - Presence of accused..........
Indian Penal Code, 1860, Section 376 -- Rape - Injury on the body of victim is not sine qua non for commission of an offence of rape - It is also not necessary that injury has to be substantive or there has to be full penetration for the purpose of establishing offence of rape...........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl by her teacher - Testimony of victim is consistent and fully corroborated by medical evidence in the form of testimony of Doctor who found red marks over genital parts for which she prescribed the medicines - Injury is not sine qua non for commission of offence of rape - Contention of accused that he is falsely..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Acquittal - Photographs on record indicate to be taken without any resistance of prosecutrix or threat from accused - Prosecutrix in those photographs is shown bearing marriage bangles and having vermilion on her forehead - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 376, 506 -- Reduction in sentence - Rape - Accused convicted and sentence for 10 years and 1 year with default clause - Neither trial Court nor High Court has given indication for award of 10 years u/s 376 IPC - Ends of justice would be met by limiting sentence to prescribed minimum - Therefore, sentence u/s 376 IPC modified to prescribed..........
Indian Penal Code, 1860, Section 354, 376, 511 -- Outraging modesty of woman - Attempt to rape - Act and conduct of accused when he entered the room of prosecutrix was to molest her, besides, allure her - But at that particular time accused had no intention to commit rape upon her - Nothing on record to show that accused made preparations to commit rape or intention to..........
Indian Penal Code, 1860, Section 376 -- Rape - Trial - Recording of statement - Furnishing recorded video-graphic testimony to an accused - Furnishing recorded video-graphic testimony to an accused may eventually turn out to be a cumbersome process, if the same has to be replicated in all cases - It have to be maintained for its safe custody - Therefore, accused would be..........
