Indian Penal Code, 1860, Section 376, 354 -- Rape and criminal intimidation - Accused can be convicted on sole testimony of prosecutrix - However, implicit reliance on sole testimony of prosecutrix can only be placed in event of testimony is credible and trustworthy - In order to gauge the testimony of prosecutrix on oath before trial court to unearth the truth qua the..........
Indian Penal Code, 1860, Section 376, 354, Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal -When genesis of prosecution version gets submerged in a taint of falsehood, as a corollary then, courts would obviously be inclined to not construe version rendered by prosecutrix qua the genesis of occurrence to be trustworthy or credible - Effect of falsity..........
Indian Penal Code, 1860, Section 354, 302, 404 -- Outraging the modesty of woman and murder - Accused alleged to have killed deceased after molesting her and dishonestly misappropriated property belonging to her - Evidence on record shows that accused had an evil eye upon deceased and also winked and teased her on previous occasions - Medical evidence shows that there was..........
Indian Penal Code, 1860, Section 376, 511, 354 -- Nature of offence - Prosecutrix stated that accused undressed her and undressed himself and tried to commit bad work with her - Accused ran away when prosecutrix screamed - Eye witness not produced as witness - Inconsistencies in the statement of prosecutrix wherein she states that she had suffered injuries in her breast..........
Indian Penal Code, 1860, Section 354, Probation of Offenders Act, 1958, Section 4 -- Outraging modesty of woman - Merely on the ground that accused is not a previous convict, benefit of probation cannot be granted to accused particularly when he is not a minor and more so when he committed offence against minor girl - Moreover, accused ran away when prosecutrix screamed..........
Indian Penal Code, 1860, Section 354, 454 -- Outraging modesty of women - Accused came to the roof of house of prosecutrix after scaling the wall and started teasing her breasts and when she objected he used criminal force and torn her shirt - String of salwar of prosecutrix was also forcibly opened by accused in order to rape her - Accused fled away when prosecutrix..........
Indian Penal Code, 1860, Section 354, 454 -- Outraging modesty of women - Delay in filing FIR - Husband of prosecutrix was out of station at the time of occurrence - FIR lodged immediately on next day of occurrence when husband of prosecutrix came back and prosecutrix narrated the entire occurrence to her husband - Delay of lodging FIR, held, satisfactorily explained...........
Indian Penal Code, 1860, Section 354, 454 -- Sexual assault - Version of prosecutrix - Corroboration to the testimony of victim of sexual assault is not a sine quo non for warranting conviction - As testimony of victim of sexual assault carries great evidentiary value and carries considerable weight, which can even be acted upon without any corroboration...........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 354, 454 -- Benefit of probation - Accused outraging modesty of a married woman by entering in her house in the night time when her husband was out of station - Accused was a matured person of 35 years of age at the time of occurrence - Act committed by accused disentitles him the benefit of..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of a woman - Allegation of outraging modesty of a woman is a very easy weapon to be used against anyone but to generalize that such allegations are incorrect in all cases will not be appropriate especially when an educated girl belonging to a respectable family levels such allegations against another person..........
