Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Quashing of summoning order - Prima facie commission of alleged offence disclosed from the statements of witnesses - Reason for delayed recording of statements is also disclosed in the daily diary report - Evaluation of truth or falsity thereof, would be possible only after evidence is recorded - Impugned order..........
Indian Penal Code, 1860, Section 376, 323, 506, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Rape - Prosecutrix stated that accused after putting a country made pistol on her temple, used caste abusive language and took her to the fields, where he committed rape - Medical evidence supported ocular version of prosecutrix -..........
Indian Penal Code, 1860, Section 376, 323, 506, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5), Evidence Act, 1872, Section 3 -- Rape - Interested witnesses - Sole testimony of prosecutrix is trust worthy and reliable - Factum of PWs being related to prosecutrix does not shatter prosecution case, as said witnesses are best..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A, 376, 384 -- Anticipatory Bail - Text of phone messages clearly indicative of long standing close and intimate relations between petitioner and complainant - Complainant sharing minutest details with petitioner - Prosecutrix used to send text messages and invite petitioner to her house at odd..........
Indian Penal Code, 1860, Section 376, 313, 506 -- Rape - Delayed FIR - Occurrence took place about 3 to 4 months prior to lodging of FIR - No reasonable explanation given for the delay - More so, prosecutrix herself admitted that there is enmity between her family and family of accused and civil litigations are pending between parties - There is shadow of doubt on FIR..........
Indian Penal Code, 1860, Section 376, 313, 506 -- Rape - Testimony of prosecutrix - Rape committed on a girl by a 65 years old man continuously for half an hour - However, no injury was found on the person of prosecutrix except one abrasion - Evidence of prosecutrix found to be contradictory and not worthy of credit - Deliberate improvements made by prosecutrix on material..........
Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix aged 9 years - Implicit reliance can be placed on the sole testimony of minor prosecutrix for conviction of accused when on a wholesome reading of her deposition recorded on oath, an ensuing inference emanates therefrom of her testimony being both inspiring as well as credible...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Rape of a minor girl aged 9 years - Mere factum of hymen of prosecutrix having remained intact, does not conclude that testimony of prosecutrix qua occurrence stands belied, particularly when such testimony is corroborated by an eye witness, whose presence at the..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay of 10 days in lodging FIR - Delay properly explained as accused threatened prosecutrix not to disclose the matter to anyone - Prosecutrix aged 9 years who was under threat disclosed the incident to her mother belatedly - Explanation offered by prosecution does not gripped with..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual intercourse - Delay in lodging FIR not explained - Husband of prosecutrix and accused were friends for the last 14/15 years - Accused had visiting terms at the victim's residence and had stayed overnight there on various occasions - Prosecutrix had no ulterior motive to implicate accused to have physical relations..........
