Indian Penal Code, 1860, Section 376 -- Rape - Incident occurred at a place which was being used to keep animal dung - However, no evidence led by prosecution to show that victim's clothes were stained with animal dung - PW1 and PW5 stated that victim had screamed during rape - But, in a colony where 100-200 people stayed and houses built close by, it is not possible that..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Where the prosecutrix is a minor below 18 years of age, then her consent would be immaterial - When an offence is made out against the accused irrespective of fact that whether the prosecutrix was a consenting party or not, then certainly,..........
Indian Penal Code, 1860, Section 376, 313, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Compromise - Once the consent of minor prosecutrix is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all the stages including for compromise - Merely because, minor prosecutrix has..........
Indian Penal Code, 1860, Section 376(2)(n), 354D, 504, 506, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(v), 3(2)(va) -- Rape - Quashing of proceedings - Initial version of prosecutrix that accused committed rape upon her and she became pregnant and accused caused her abortion for which she was..........
Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - On the pretext of marriage - There was no promise to marry initially when relations between parties started in the year 2017 - Even on the dates when prosecutrix alleges that parties had physical relations she was already married - Prosecutrix was mature and intelligent enough to understand the consequences of moral..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual relationship cannot give rise to an offence of rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual relationship - Relationship may be consensual at the beginning but the same state may not remain so for all time to come - Whenever one of partners show their unwillingness to continue with such relationship, character of such relationship as it was when started will not continue to prevail...........
Indian Penal Code, 1860, Section 376, 377, 323, 393, 427, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge sheet - Accused initially raped victim by making her to consume a contaminated cold drink thereby making unconscious - It was prima facie an act of force without consent - Subsequently, accused had established physical relationship..........
Succession Act, 1925, Section 376 -- Grant of probate - Will - When Will was executed in favour of beneficiary and no executor has been appointed, mere non-appointment of an executor cannot be a ground to reject grant of probate...........
Succession Act, 1925, Section 376 -- Grant of probate - Will - Mere non-appointment of an executor cannot be a ground to reject grant of probate particularly when Will is proved in accordance with law...........
