Indian Penal Code, 1860, Section 376, 376(2)(n), 366, 506 -- Rape - False promise of marriage - Prosecutrix and accused are major, well educated, having affair and developed physical relation regularly out of their own free will which continued for more than 10 years and ultimately they got separated from each other because accused refused to marry her - Consensual..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Victim is habitual to sexual intercourse - No visible injury found on the body of victim or on her private parts - There is no corroboration of statement of victim also by medical evidence - Accused and victim were recovered while they were walking together - PW10 at whose residence accused is said to have..........
Indian Penal Code, 1860, Section 376 -- Rape - A relationship between two adult individuals does not justify sexual assault by one on his partner...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506 -- Rape - Quashing of FIR - Relationship between accused and prosecutrix in respect of indulging in sexual activities was not shown to be consensual to justify quashing of criminal complaint at the threshold - Allegations in the F.I.R. prima-facie constitute the commission of alleged offence - Defence of..........
Indian Penal Code, 1860, Section 376(2)(n), 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the false pretext of marriage - Prosecutrix on the date of developing physical relations with accused was a married lady - Relationship between them was thus, consensual one - No consent was obtained by accused on the basis of misconception of fact - Offence u/s 376 IPC..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(2)(n), 506, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Stay of conviction during pendency of appeal against conviction - Rape - Victim belongs to SC community - Accused was a married man having three children - Stay of conviction..........
Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of victim - When the evidence of victim is convincing and medical evidence is corroborating with the version given by victim regarding the physical assault and also commission of rape, there is no necessity to seek corroboration from any independent witnesses - Conviction upheld...........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 5(m), 6, Indian Penal Code, 1860, Section 376(3), 376(2)(n) -- Aggravated penetrative sexual assault - Victim who was 10 years of age at the time of incident stated that accused repeatedly committed penetrative sexual assault on her - She was traumatized to such an extent that she had signs of mental..........
Succession Act, 1925, Section 376 -- Probate - Any person claiming any interest adverse to testator or his estate cannot maintain any application before probate Court and his remedy would lie elsewhere...........
Succession Act, 1925, Section 376 -- Probate - Will - Any question of title cannot be gone into in a probate proceeding and construction of Will relating to right, title and interest of any person is beyond the domain of probate Court, and hence the Probate Court is not competent to determine the question of title or nature of ownership of property of testator or even the..........
