Indian Penal Code, 1860, Section 363, 376(2)(g), 120B -- Abduction and gang rape - Conspiracy - Prosecutrix resiled from her earlier statement in which she supported the prosecution case and stated that she had given her earlier statement under pressure of police - However, if earlier statement of prosecutrix is scrutinized, there is no allegation of rape against any of..........
Indian Penal Code, 1860, Section 376 -- Rape of 11 years old minor girl - Exaggeration as to period of commission of rape made by prosecutrix in her testimony, cannot be a ground to disbelieve her testimony which otherwise is reliable...........
Indian Penal Code, 1860, Section 376 -- Rape of 11 years old minor girl - Merely because spot of arrest of accused was not shown in the site plan, it does not adversely affect prosecution case, as it is the mistake of I.O. - Moreover, said discrepancy is of minor nature and it does not go to the root of matter...........
Indian Penal Code, 1860, Section 376 -- Rape of 11 years old minor girl - Accused apprehended on the spot - Testimony of prosecutrix cogent and clear and fully corroborated by medical evidence - As per medical evidence private part of prosecutrix was bleeding and hymen was found fresh torn - Blood stains were found on kurti and salwar of prosecutrix, which clearly..........
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - Age of prosecutrix - Father of prosecutrix is the best witness to prove the age of prosecutrix - Opinions of dental surgeon or radiologist are mere opinions and they cannot tell the exact age of a person - Where no other cogent evidence is produced, opinions formed by medical..........
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - Medical evidence - Merely because there was no fresh external mark of injury on the body of prosecutrix at the time of examination since the prosecutrix was medically examined after 5 days of occurrence, it cannot be said that rape itself is not proved - As evidence of prosecutrix..........
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - Delay of 5 days in lodging FIR - Prosecutrix being frightened could not disclose the incident to her parents immediately and after 5 days she reported the matter to her parents and thereafter FIR was lodged - Same explanation offered by prosecutrix when she appeared before Court -..........
Indian Penal Code, 1860, Section 376(2)(g), 363, 366A, 120B, 506 -- Gang rape of minor girl - False implication - Defence taken by accused that they have been falsely implicated due to enmity deserves to be repelled as there is no evidence on record regarding any enmity between parties - Discrepancies if any in prosecution version being trivial and not material are liable..........
Indian Penal Code, 1860, Section 376, 354 -- Rape and criminal intimidation - Accused can be convicted on sole testimony of prosecutrix - However, implicit reliance on sole testimony of prosecutrix can only be placed in event of testimony is credible and trustworthy - In order to gauge the testimony of prosecutrix on oath before trial court to unearth the truth qua the..........
Indian Penal Code, 1860, Section 376, 354, Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal -When genesis of prosecution version gets submerged in a taint of falsehood, as a corollary then, courts would obviously be inclined to not construe version rendered by prosecutrix qua the genesis of occurrence to be trustworthy or credible - Effect of falsity..........
