Indian Penal Code, 1860, Section 376 -- Rape - Absence of injuries on person of prosecutrix - Effect - Prosecutrix is merely a child of slightly less than 13 years and virtually surrendered to accused seeing no escape - Held, absence of any injury on person of prosecutrix is of no help to accused - No material benefit can be given to accused...........
Indian Penal Code, 1860, Section 376 -- Rape - Delay of 11 days in lodging FIR - Explanation furnished not satisfactory - Prosecution version that a common friend tried to settle the matter but he deposed that he does not know anything about the case - Second explanation that prosecutrix was terrorised to be killed in case of reporting the matter to police is wholly..........
Indian Penal Code, 1860, Section 376 -- Rape - Non examination of I.O. and doctor coupled with the fact of non satisfactory explanation of delay of 11 days in lodging FIR - Not only prejudice is caused to the accused but also reasonable doubt is created in the mind of Court - Accused acquitted on ground of benefit of doubt...........
Indian Penal Code, 1860, Section 376, 307, Evidence Act, 1872, Section 3, 45 -- Rape - Attempt to murder - Conviction - Validity - Accused, cousin of victim, alleged to have entered in room of prosecutrix under false pretext and committed forcible rape on her - After committing rape he attempted to kill her by strangulating her with her `chunni' - On medical examination..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction - Validity - Appellant alleged to have committed rape on prosecutrix when she went to bring some salt for purpose of cooking from his house - She raised alarm but nobody could hear and appellant also asked her not to shout and promised to marry her - No evidence on record to dislodge medical evidence regarding..........
Indian Penal Code, 1860, Section 376 -- Rape or consensual sex - Proof - Appellant and complainant co-workers and they were regularly going to work together - It is on one such occasion that complainant alleged that she was dragged to a sugarcane field and forced to have sex with appellant and thereafter continued to do so on several occasions on promise to marry - Only..........
Indian Penal Code, 1860, Section 376(2)(f) -- Minor girl - Attempt to rape - Proof - Accused persuaded prosecutrix, who was aged about 9 years at the time of incident, to go to his house and forcibly dragged her to bed, undressed her and took off his underwear in attempt to commit rape on her - Prosecutrix in her cross-examination demonstrated that accused did not insert..........
Indian Penal Code, 1860, Section 376(2)(f) -- Minor girl - Attempt to rape - Sentence - Accused is a man of about 30 years of age working as a police man at relevant time - Victim is young girl of 9 years of age at the time of commission of offence - Victim is also a next door neighbour of accused person - Held, accused cannot be shown any leniency as far as imposing..........
Criminal Procedure Code, 1973, Section 156, Indian Penal Code, 1860, Section 376(2)(f) -- Rape of minor - Investigation by CBI - No allegation of forging record or shielding accused - Held, no direction as sought for can be issued to investigate the case through CBI...........
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 154, 164A -- Incident of rape & molestation - Guidelines for police - Held, in case of rape or molestation, FIR should be lodged immediately, even without waiting for victim or her relative(s) to lodge report as it being a cognizable offence and of a serious nature affecting society - A..........
