Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim was recovered by police from the house of accused as per PW1 and PW2 - However, I.O. stated that victim was recovered near Railway station - No plausible explanation given for inordinate delay either in FIR or in evidence of witnesses - Main witness who is brother of victim was not examined during..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Dying declaration - All the witnesses have clearly stated that deceased after coming out from the room in flames has shouted that accused had committed the crime - DW1 who was examined on behalf of defence also..........
Indian Penal Code, 1860, Section 376(2)(i), 376D, 376A, 302, 450, 34, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Rape and murder - Death sentence - Conduct of accused in the prison has been found to be satisfactory - Accused was brought up by his father as a single parent, as he lost his mother at the tender age of 8 years and his elder..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 376(2)(n) -- Discharge - Rape - Specific case of prosecution is that accused maintained a love affair with victim on the promise of marriage and he subjected her to sexual intercourse twice repeating the said promise - Prima facie materials of prosecution would show that offence u/s..........
Indian Penal Code, 1860, Section 376 -- Rape - In case of rape full penetration is not at all necessary...........
Indian Penal Code, 1860, Section 376, 506(ii) -- Rape - Victim in clear words disclosed that accused took her to a hotel under the pretext of having a meeting with an Agent, who was supposed to provide her job abroad - Mere fact that victim went inside the room along with accused, same cannot by any stretch of imagination be considered as her consent for sexual intercourse..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 42 -- Rape - Sentence u/s 376 IPC and S.4 of POCSO Act - Accused cannot be sentenced under both the provisions of IPC and POCSO Act, which is impermissible in view of S.42 of POCSO Act - On sentence being inflicted u/s 4 of POCSO Act, sentence u/s 376 IPC was uncalled..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he is on bail in all other cases - Pendency of these criminal cases against accused cannot be construed as a ground sufficient by itself to deny..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused has suffered incarceration for about 3 months and 28 days - Total 18 PWs have been cited and culmination of trial will take its own time - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he..........
Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Rape of minor girl - Compromise - In a case involving rape with a minor girl, compromise arrived at by accused with victim and her parents has no legal value and cannot be given effect to...........
