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,..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for cross-examination - Rape victim - Victim was examined prior to examination of medical officer who deposed as PW3 and question with regard to FSL report could not be put to victim which in fact seems necessary for a just decision of case - Prejudice would be caused to accused unless afforded an effective..........
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 376D, 452 -- Rape - Delay of 60 days in lodging FIR - No documentary evidence has been produced to prove the age of victim - No external or internal injury found on the body of victim as per medical record - Testimony of PW1 and PW2 cannot be termed to be wholly reliable - Even, testimony of victim cannot be treated as that of a sterling..........
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 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..........
