Indian Penal Code, 1860, Section 376 -- Rape - Absence of External & Internal Injury - Plea of accused there were no external or internal injuries found on the body of prosecutrix and therefore it may be a case of consent - Plea has no substance at all as no such question was asked even remotely to prosecutrix in her cross-examination...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in FIR - Prosecutrix narrated incident to her sister-in-law (Jethani) and mother-in-law but they did not believe the prosecutrix - Even, no other family members in her matrimonial home supported prosecutrix and therefore she sent message to her parental house and thereafter she..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical report of prosecutrix suggests that no rape was committed upon her - There was no external or internal injury found on the person of prosecutrix - Prosecutrix was used to sexual intercourse - Age of prosecutrix was found above 19 years as per ossification test - Offence of rape u/s 376 IPC not made out against accused..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Evidence in the case was recorded after 6 years of incident - Accused alleged to have accompanied main accused, who had passed away during trial - Allegations against accused are that they had positively made prosecutrix sit on the motorcycle and taken her to village - Prosecutrix stayed with main..........
Indian Penal Code, 1860, Section 364, 376, 323, 336, 34 -- Kidnapping and rape - Oral rivalry and old enmity between parties - Prosecution story was not even plausible story even as per medical evidence - Though, there were multiple injuries found on body of prosecutrix, they were simple in nature - There was no injury on private parts - Main accused who is alleged to have..........
Indian Penal Code, 1860, Section 376, 511, 354, 457 -- Nature of offence - Accused who was nephew of prosecutrix tried to commit trespass by entering her house and tried to molest her - But in the process when prosecutrix tried to catch him, he ran away - Offence u/ss 376, 511 IPC rightly not made out against accused - Even, offence u/s 354 IPC also not made out - However,..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Doctor could not trace of spermatozoa and therefore no injury marks were found on body of prosecutrix - She further testified that prosecutrix had not been subjected to any forcible sexual harassment or intercourse - Prosecutrix was..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Mother of prosecutrix mentioned the age of prosecutrix to be 20 years - Even, in statement u/s 164 Cr.P.C, prosecutrix has mentioned that her age is 20 years - Offences u/ss 363, 366 IPC are not made out...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix stated that she called accused to her home and they went away and got married in temple - They both stayed together and only after complaint was lodged, FIR was noted, prosecutrix came back - Prosecutrix had conceived and she gave her statement that police official read over what she had mentioned - Prosecutrix has..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Further investigation - Rape case - Detailed analysis of facts as done by I.O by drafting opinion to give discharge to accused, without allowing prosecutrix/prosecution to examine or cross-examine would in fact lead to presumption in such type of cases of certain incidents..........
