Indian Penal Code, 1860, Section 376 -- Rape - Merely because victim is more than 16 years of age her consent cannot be presumed - No evidence led to show such consent - Case remitted for decision afresh...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- FIR - Rape - Delay in lodging FIR and lack of prejudice and/or prejudice caused because of such delayed lodging of FIR does not per se apply to cases of rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Age below 16 years as per school certificate - School certificate carries a presumption of correctness - No evidence to prove that certificate was, in any way, incorrect - Certificate is conclusive to prove the age of the prosecutrix...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - By more than one person - For applicability of the provision of S.376(2)(g) IPC it is not necessary that all the accused, should commit rape with the prosecutrix - Even if one accused commits rape and all others just stand by, they can also be held liable for the offence punishable u/s 376(2)(g) IPC...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Girl below 16 - Remained with accused for four days - Plea of consenting party - Held, prosecutrix was aged below 16 years as such her consent or no consent is hardly of any consequence...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix remained with accused for four days - Whether a consenting party? - Accused after alluring prosecutrix took her away to some other place and he alognwith other accused committed rape - Does not mean that prosecutrix was a consenting party...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 313 -- Rape - Prosecutrix remained with accused for four days - Whether a consenting party? - Plea of consenting party not taken in statement u/s 313 Cr.P.C. - Plea cannot be taken in appeal against conviction...........
Indian Penal Code, 1860, Section 376 -- Rape - Accused facing trial for 25 years - Not a ground to reduce sentence...........
Indian Penal Code, 1860, Section 376(2)(g), 452, 323, 34 -- Gang rape - Appellant not caught at the place of occurrence - No evidence led to show the presence of appellant at the spot of occurrence or to have participated in the crime - Identification of appellant for the first time in court is really of no consequence - Only evidence against the appellant was that his..........
Indian Penal Code, 1860, Section 376(2)(g), 323, 452, 34 -- Gang rape - Appellant not caught at the place of occurrence - Identification of appellant for the first time in Court has no evidentiary value - Only evidence against appellant was that his name was similar to one of the names which the accused persons were addressing each other, as stated by prosecutrix - No..........
