Indian Penal Code, 1860, Section 302, 366, 368, 376 -- Rape and murder - Accused persons convicted on the basis of sole testimony of child witness as he was reliable and not tutored and corroborated by other testimony particularly of evidence of prosecutrix - Accused person had the motive to kidnap prosecutrix and they trespassed into her house armed with various weapons..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 511, 354 -- Rape by father - Bail - Alleged sexual crime committed by father against his own daughter is apparently a scandalous blasphemy, not to speak of culpability of offence or degree and enormity of crime which accused has been charged for - Victim girl even complained that her mother..........
Indian Penal Code, 1860, Section 376 -- Gang rape of 15 years old girl - Delay in lodging FIR - It is not expected from a girl who is raped by two persons to immediately go to police station, without her father, and lodge the report - Delay properly explained...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A -- Gang rape of 15 years old girl - Plea of consent - Victim in her statement stated her age to be 15 years - Prosecutrix was subjected to lengthy cross examination but her statement remained intact - In her statement she has categorically stated that she was raped against her will - Held, by no stretch..........
Indian Penal Code, 1860, Section 366, 363, 376 -- Kidnapping & Rape - Age of prosecutrix - As per ossification test age of prosecutrix can be between 16 to 16-1/2 years and there can be variation of two years in respect of age of prosecutrix - However, prosecutrix narrated her age as 20 years to Doctor - Age of prosecutrix thus, held, to be above 16 years...........
Indian Penal Code, 1860, Section 366, 363, 376 -- Kidnapping & Rape - Prosecutrix remained with accused for more than a month and she accompanied accused to various places but did not raised any grievance against accused - Story of threat is missing in original version given by prosecutrix - It can safely be inferred that prosecutrix was a consenting party - Conviction &..........
Indian Penal Code, 1860, Section 376, 323, 451, Criminal Procedure Code, 1973, Section 164A, 482 -- Rape - Change of investigation - Prayer for fair, proper, impartial and expeditious investigation - Superintendent of Police directed to assign investigation to a Gazetted Woman Police Officer, who shall act fairly and impartially in the matter and submit the investigation..........
Criminal Procedure Code, 1973, Section 164, Indian Penal Code, 1860, Section 376 -- In case of rape, statement recorded u/s 164 Cr.P.C. of a prosecutrix has to be kept in secret till the final report is filed...........
Criminal Procedure Code, 1973, Section 164, Indian Penal Code, 1860, Section 376 -- Statement of prosecutrix u/s 164 Cr.P.C. in a rape case - Should be handed over to I.O. immediately with a specific direction that contents of such statement should not be disclosed to any person till the charge sheet/report u/s 173 Cr.P.C is filed - Court rightly rejected application for..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439 -- Gang rape of 15 years old girl - Bail - Appellant was not named in the FIR and even prosecutrix has not disclosed the name of appellant in her statement recorded u/s 161 & 164 Cr.P.C. - He was not put up for identification and DNA test of appellant not done - Appellant was not with..........
