Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix full of discrepancies - Held, solitary evidence of prosecutrix, in absence of any corroboration by medical evidence, not of such quality which can be relied upon - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix when read as a whole is full of discrepancies and does not inspire confidence - Medical evidence not supported the prosecutrix version as there was no signs of recent sexual intercourse and even her hymen was intact - More so, prosecutrix did not raise any alarm when accused tried to kidnap her which..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 357A -- Rape - Compensation to pregnant rape victim - Rape victim aged 15 years recovered from the custody of accused but she is at the advance stage of pregnancy - Investigation of case is still in progress - Father of victim is a poor labourer and does not possess adequate resources for delivery..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused allegedly caught making prosecutrix hold his penis in her hand - Nothing to show penile penetration by accused into the vagina of prosecutrix - Offence committed when S.375 IPC had not undergone amendment, where in no offence of rape could have been proved until penile penetration by accused into the vagina of..........
Indian Penal Code, 1860, Section 376 -- Rape - 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 subjected to rape...........
Indian Penal Code, 1860, Section 376, 354 -- Rape of 8th class girl by her school teacher - Prosecutrix was proved to be below 16 years at the time of incident - Statement of prosecutrix that she was sexually assaulted and raped by accused, was consistent despite test of severe cross-examination - Medical evidence supported the testimony of prosecutrix - Defence taken by..........
Indian Penal Code, 1860, Section 376, 354 -- Rape - Testimony of prosecutrix - If Court on facts finds it difficult to accept version of prosecutrix on its face value, it may search for evidence, direct or circumstantial, which would lend assurance to her testimony - Assurance, short of corroboration as understood in the context of an accomplice would do...........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping - Rape of 14 years minor girl - Accused took prosecutrix to his room while she was returning from her school and raped her - School bag of prosecutrix was found lying in the verandah room of accused - Prosecutrix narrated the entire incident to her..........
Indian Penal Code, 1860, Section 363, 376, 506 -- Kidnapping and rape - Age of prosecutrix was less than 18 years at the time of incident on the basis of School certificate - However, it is not clear as to how date of birth was got entered in school record - More so, prosecutrix had travelled with accused at different places and nothing has come on record as to why..........
Indian Penal Code, 1860, Section 363, 376, 506 -- Kidnapping and rape - Quantum of sentence - Keeping in view the age of accused as well as fact that prosecutrix is now married and having three children and also fact that accused is facing trial for the last more than seven years, sentence of accused is reduced from ten years to seven years - However, fine remains the..........
