Indian Penal Code, 1860, Section 376 -- Rape case - Held, onus lies on accused to prove himself innocent...........
Indian Penal Code, 1860, Section 376 -- Rape case - Held, conviction can be made on basis of solitary evidence if evidence tendered by such witness is cogent, reliable and in tune with probabilities and inspires implicit confidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Accused alleged to have dragged victim, girl of 14 years of age, into bushes and committed rape on her - Testimony of victim fully supported by medical examination - Nine years old brother of victim also stated same facts which victim stated before Court - Accused failed to show reason to implicate him falsely leaving..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Sentence - Main accused 18 years of age at time of incident - Both accused and prosecutrix were in close relationship - Held, leniency in such matters not just and proper - Custodial incarceration of at least three years would be appropriate - Considering the fact..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Only allegation against petitioner is that he guarded the room, wherein crime was being committed - Main accused persons have already been admitted to bail - Charges are yet to be framed - Trial is not likely to be concluded in near future - Held, petitioner is ordered to be..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - Accused alleged to have committed sexual intercourse with prosecutrix on pretext that he would marry her - He refused to do so after she got pregnant - Held, consent of prosecutrix obtained under a misconception of fact - Accused liable to be convicted for offence of rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Accused found guilty of committing rape on prosecutrix, who is relative of accused, under misconception of fact that he would marry her - Held, facts of case are grave in nature - Trial Court justified in awarding maximum sentence of life imprisonment to accused as he has committed a breach of trust that prosecutrix..........
Indian Penal Code, 1860, Section 363, 366, 376, 114 -- Kidnapping & rape - Appeal against acquittal - Acquittal upheld - Prosecution failed to prove that age of prosecutrix was 14 years on date of incident and even parents of prosecutrix also failed to give any satisfactory explanation regarding age of prosecutrix - No material on record to show that on date of alleged..........
Indian Penal Code, 1860, Section 376, 354, 323 -- Rape - Conviction set aside on the grounds : (i) Strained relationship between husband of prosecutrix and appellant; (ii) Place of alleged occurrence is located in a congested neighbourhood; (iii) Prosecutrix was not heeded by nearby shopkeeper as well as local police at the first instance; (iv) None of her relatives had..........
Indian Penal Code, 1860, Section 302, 376(2)(g) -- Murder - Rape - Death sentence - Validity - Trial Court recorded special reasons for imposing punishment of death on respondents that respondents deceived and took away deceased, turn wise committed rape on her in darkness of night and thereafter committed her murder by throttling her by scarf and hence they were not..........
