Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor - Age of victim not proved - DNA profiling of child victim and that of accused did not match - Except DNA test not fortifying the prosecution case, no further investigation was taken up to establish the identity of perpetrator of offence - Victim failed..........
Indian Penal Code, 1860, Section 376, 34 -- Rape - Identification of appellants not challenged by defence - PW1 and PW2 though they are not eye witnesses but they corroborated the case as they have seen the accused persons running away from the house of victim - Doctor has not found any external or internal injury on the private part of victim and also not found any..........
Indian Penal Code, 1860, Section 376, 34 -- Rape - Victim is a married woman blessed with a child - Appellants are facing ordeal of trial from the year 2002 - Appellant no.1 remained in judicial custody approximately five years and appellant no.2 remained in custody for six years and two months - Sentence of 10 years reduced to R.I for period already undergone by..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Prohibition of Child Marriage Act, 2006, Section 3 -- Kidnapping and rape - Victim was a minor when she eloped with petitioner and may be when they solemnized their marriage - However, victim stated that she is happily living with petitioner and the two children,..........
Indian Penal Code, 1860, Section 376, 323, 452, 506 -- Rape - Jurisdiction - Rape alleged to be committed at place `N' & `B' - Court at place `U' has no jurisdiction as rape is not a continuing offence...........
Indian Penal Code, 1860, Section 376, 377, 498A, 323, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Compromise - Quashing of proceedings - Offence u/ss 376, 377, 498-A, 323 IPC - Offences alleged are primarily of private nature - Complainant is reported to have entered into compromise on his own volition - Proceedings quashed...........
Indian Penal Code, 1860, Section 376, 302, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape and murder - No weapon of assault has been recovered from accused - Only basis to implicate accused is suspicion on account of alleged reclaiming of land by informant from accused about three years back - Mere apprehension..........
Criminal Procedure Code, 1973, Section 31, Indian Penal Code, 1860, Section 363, 366, 376 -- Concurrent or consecutive running of sentences - Offence u/ss 363, 366, 376 IPC - Accused sentenced to 7 years in each offence u/s 363 and S.366 IPC - No facts or circumstances mentioned in the judgment to justify the award of maximum terms of punishment u/s 363 or S.366 IPC -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 354A, 511 -- Second anticipatory bail application - Attempt to rape of daughter by father - First anticipatory bail application was dismissed as withdrawn - Second anticipatory bail application filed solely on the ground that accused has come into possession of certain photographs which..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Information Technology Act, 2000, Section 67 -- Bail - Rape - Arguments by counsel of accused not satisfactorily refuted by AGA from the record - Applicant is entitled for grant of bail...........
