Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Less than minimum prescribed - Permissible only for adequate and special reasons - Sentence less than minimum prescribed without assigning adequate and special reasons is violative of the mandatory requirement of law and defeats the legislative mandate...........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Less than minimum prescribed - Permissible only for adequate and special reasons - Sentence less than minimum prescribed without assigning adequate and special reasons is violative of the mandatory requirement of law and defeats the legislative mandate...........
Indian Penal Code, 1860, Section 376,90 -- Rape - Misconception of fact - Sexual relation on false promise of marriage resulting in birth of child - Accused did not give his blood for DNA test to ascertain paternity of child - Adverse inference may be easily drawn against accused - No evidence that victim was girl of easy virtue or had chance of being pregnant through any..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Rape - Conviction - Enhancement of sentence - Whether sentence be enhanced or not has to be judged from composite sentence of trial Court vis-a-vis composite sentence of Appellate Court - As per original sentence accused sentenced to undergo rigorous imprisonment for 10 years and..........
Indian Penal Code, 1860, Section 376, 302, Criminal Procedure Code, 1973, Section 366, 368 -- Rape and murder - Death sentence commuted to life imprisonment - Accused developed physical relationship with prosecutrix on promise to marry - Prosecutrix became pregnant - Accused killed her as she refused to go in for abortion - Said case does not fall under rarest of rare case..........
Indian Penal Code, 1860, Section 376, 302 -- DNA Test - Rape and murder of prosecutrix who was pregnant - DNA Test of foetus and blood sample concluded that accused is biological father of foetus - Said fact is relevant to prove guilt of accused - Conviction upheld...........
Indian Penal Code, 1860, Section 302,376(2)(f),201, Evidence Act, 1872, Section 106 -- Rape and murder - Rarest of rare case - Accused committing rape and murder of his own 4 years daughter - Victim was in custody of accused - No explanation offered by accused as to how such severe injuries were suffered by victim and how she met with death as these facts were in his..........
Indian Penal Code, 1860, Section 302,376(2)(f),201, Evidence Act, 1872, Section 106 -- Rape and murder - Duty of accused to explain incriminating circumstance proved against him while making statement u/s 313 CrPC - Keeping silent and not furnishing any explanation for such circumstance is an additional link in the chain of circumstances to sustain charge against him -..........
Indian Penal Code, 1860, Section 302,376(2)(f),201 -- Rape and murder - Rarest of rare case - Accused committing rape and murder of his own 4 years daughter - Death sentence awarded - Sustainability - Case does not fall within rarest of rare cases - Held, considering nature of offence, age and relationship of victim with appellant and gravity of injuries caused to her,..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, 53, Indian Penal Code, 1860, Section 376 -- Rape - Juvenile - Denial of bail on the basis of report of Probation Officer that release of accused is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat..........
