Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Indian Penal Code, 1860, Section 376, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the pretext of marriage - Quashing of FIR - Long-drawn relationship of appellant and prosecutrix including circumstance of their living together and cohabiting with each other, that too in a separate rented accommodation, would give rise to a presumption that their..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Age of prosecutrix - No cogent and satisfactory evidence has been led by prosecution to prove exact age of prosecutrix - In the absence of any cogent and satisfactory evidence on record, it cannot be said that prosecutrix was minor at the time of alleged incident...........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Statement of prosecutrix can be sole basis for conviction unless there are cogent reasons for Court to be hesitant in believing the statement at its face value or to seek corroboration...........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Prosecutrix went with accused on his scooty and travelled various places i.e more than 100 kms and she must have crossed number of populated area and police posts but she did not raise any hue and cry qua her kidnapping - She also stayed in two hotels, where also she did not raise any alarm qua..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - False promise of marriage - Physical relationship between appellant and prosecutrix was consensual from the very beginning and cannot be said to be against will or without consent of prosecutrix - Even if case of prosecutrix is accepted, there is no material on record to show..........
Indian Penal Code, 1860, Section 376, 384, 323, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Complainant, being a highly qualified major woman continued in a consensual intimate sexual relationship with appellant over a period of 16 years - On many occasions, complainant even portrayed herself to be wife of appellant thereby,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(n), 323, 506 -- Second bail application - Rape - First bail application was dismissed as withdrawn - Second bail application filed approximately 4-1/2 months without any fresh substantial change in circumstances - Allegations made against petitioner are serious in nature and he..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Consent to engage in physical relations does not extend to the misuse or exploitation of a person's private moments or their depiction in an inappropriate and derogatory manner - Thus, while the first sexual encounter may have been consensual, subsequent ones were..........
Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Rape - Complainant was aware that petitioner was not interested in marriage but still continued the relationship being a major aged about 25 years at the time of incident - There is no allegation in the FIR/Charge sheet about any promise of marriage at the outset of their relationship in the year 2013 - No allegation..........
