Indian Penal Code, 1860, Section 376, 354A -- Rape of daughter-in-law by father-in-law - Version of prosecutrix does not appear to be free from doubts - Prosecutrix for unexplainable reasons had delayed the disclosure of material facts beyond reasonable limits - Prosecution had alleged that prosecutrix had disclosed entire details about her sexual exploitation to her one..........
Indian Penal Code, 1860, Section 376, 354A -- Rape of daughter-in-law by father-in-law - Version of prosecutrix does not appear to be free from doubts - Prosecutrix for unexplainable reasons had delayed the disclosure of material facts beyond reasonable limits - Prosecution had alleged that prosecutrix had disclosed entire details about her sexual exploitation to her one..........
Indian Penal Code, 1860, Section 376, 493 -- Rape - Victim stated that relationship between her and accused was consensual - She was above 16 years of age at the time of occurrence - Offence u/s 376 IPC not attracted against accused - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 376(2)(g), 342, 34 -- Rape - Sole testimony of prosecutrix - Prosecutrix stated that accused dragged her from her house to the house of accused - However, there are three houses in between the house of prosecutrix and accused and it is difficult to believe that at that time, prosecutrix did not make any cries/hues - More so, no semen was..........
Indian Penal Code, 1860, Section 376 -- Rape - Allegation that accused committed rape upon prosecutrix and got her pregnant - However, specific admission of prosecutrix that accused did not agree for marriage and therefore, complaint was made - Prosecutrix delivered a baby boy - No DNA test was conducted by prosecution to child born to prosecutrix in order to connect crime..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506 -- Anticipatory bail - Rape - Complainant is a married lady having two children - Accused and complainant were known to each other - Prior to registration of FIR, accused already lodged a complaint against complainant regarding theft of his mobile phone and other valuable items -..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Proof submitted by prosecution with regard to age of prosecutrix in the form of school register was not sufficient to arrive at a finding that prosecutrix was less than 16 years of age especially when there were contradictory evidences before trial Court as to age of prosecutrix - No ossification test was..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecution has a case that initially proposal of marriage of prosecutrix with accused was accepted by his family and only then accused refused the offer of marriage, FIR was finally lodged - All these factors point out towards the fact that what was alleged as rape was not rape but could be consensual act - Prosecution failed..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(Va) -- Anticipatory bail - Rape - Heinous crime has been committed with a minor retarded girl aged about 14 years and eight months by..........
Indian Penal Code, 1860, Section 376 -- Rape - Quantum of sentence - Fact that accused is not a habitual offender is entirely irrelevant in serious offences u/s 376 IPC...........
