Indian Penal Code, 1860, Section 376(2)(N), 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R), 3(1)(w), 3(2)(5) -- Rape - Settlement - Quashing of charge sheet - Victim is illiterate woman and she allegedly put her thumb impressions on affidavits - However, there was no endorsement on affidavits that contents of affidavits..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim has categorically stated that she willingly and without resistance got physically involved with appellant reaffirming and fortifying her consent to such an act - Due to a prolonged sexual relationship victim eventually became pregnant and on such revelation appellant refused to marry her and suggested for termination of..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Rape - Petitioner a close relative of victim child with intention to sexually assault her, kidnapped her from the lawful custody of her parents and taken her to a country boat and thereafter accused committed penetrative sexual assault against victim - Though victim attempted to rescue herself, he restrained her and..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Rape - Victim is the only eye-witness to the alleged occurrence and she has supported the prosecution case - However, there is no medico legal examination report of victim on record - More so, when the victim was examined by doctors,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Petitioner has undergone actual custody of 8 months and 28 days as undertrial - No other case is pending against petitioner - Trial of case is likely to consume considerable time..........
Indian Penal Code, 1860, Section 366A, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Victim had not seen the appellant prior to the incident - On receiving the phone call from appellant she went to bus stand to meet him - How victim identified the appellant is not forthcoming - Victim went with appellant to his village..........
Indian Penal Code, 1860, Section 376, 313 -- Rape - Quashing of proceedings - Delay of more than 5 years in registering FIR - Complainant revealed that she and appellant lived for a long period as husband and wife - No material on record as per FIR and facts and circumstances of case that complainant had given her consent for sexual relationship with appellant under..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Attempt to rape - No injury was found on the body of victim - Prosecution utterly failed to establish that clothes of victim and accused were properly taken, properly stored and properly transmitted to FSL - Chain of custody of the same has not been established..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Rape - Victim is a minor girl aged about 14 years - Applicant is the father of victim - Victim identified applicant as principal offender who trafficked her for money - Offence in question is grave and..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused and victim being legally married husband and wife and victim being major, sexual intercourse between two if forcible cannot be considered rape...........
