Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix is a victim of, and not an accomplice in, a sex offence and there is no provision in the Indian Evidence Act requiring corroboration in material particulars of the evidence of the prosecutrix as in the case of evidence of accomplice...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang Rape - Prosecutrix not medically examined - Accused convicted on the basis of other cogent evidence - Medical examination not significant as prosecutrix was not young and her allegation corroborated by her husband and neighbour - Allegation consistently made in her petition to Governor and in her deposition in Court -..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Acquittal - Validity - Accused persons alleged to have gang raped prosecutrix in hotel room - Discrepancy between testimony of prosecutrix and medical report regarding her virginity - No marks of injury found on her private parts - Doctor opined that her vagina and hymen old torn - Doctor also opined that no..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Proof - Appellants alleged to have kidnapped prosecutrix on her way to school and raped for 8 days - Delay of 6 days in lodging FIR in spite of fact that father of prosecutrix came to know about incident in evening of same day - Medical report does not show any marks of injury on her body - Radiologist..........
Indian Penal Code, 1860, Section 376, 363, 120B -- Rape - Consensual sex - With four boys - Not comprehensible...........
Indian Penal Code, 1860, Section 376, 363, 120B -- Rape - Consensual sex - When there is plea of consensual sex then there is no room of doubt that accused had sexual intercourse with prosecutrix - Assertion of consensual sex ruled out completely - Alleged discrepancies in the statement of prosecutrix either u/s 161 or u/s 164 Cr.P.C. not confronted - Held, there is no..........
Indian Penal Code, 1860, Section 376 -- Rape - Minor - Age determination - Held, procedure prescribed in Rule 12 of Juvenile Justice (Care and Protection of Children) Act, 2000, to determine age of a child in conflict with law, should also be the basis for determining age of a child who is a victim of crime...........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - False promise of marriage - Obtaining consent by exercising deceit, cannot be legitimate defence to exculpate an accused...........
Indian Penal Code, 1860, Section 376 -- Rape - Mere penetration is sufficient to constitute rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Accused alleged to have raped prosecutrix when she was going to fetch grass along with her daughter - Prosecutrix narrated incident to husband and thereafter FIR was lodged - Statement of prosecutrix corroborated by statement of her daughter - Medical evidence did not corroborate ocular evidence tendered by PW1 and PW3 but..........
