Indian Penal Code, 1860, Section 376 -- -Rape - Quantum of sentence - Caste of accused is per se not a consideration for showing leniency in cases of such offences...........
Indian Penal Code, 1860, Section 376 -- Rape - Quantum of sentence - Financial condition of an accused can be one of considerations for not exceeding the minimum sentence - But when it comes to a serious offence against a girl aged five to six years, financial condition of accused should not normally weigh in the mind of Court...........
Indian Penal Code, 1860, Section 376 -- Rape of five years old girl - Quantum of sentence - Accused was 22 years of age - He has undergone the sentence imposed by High Court - Sentence of R.I of 14 years will be appropriate and while he undergoes remaining sentence, he shall not be entitled to remission - Default sentence as imposed by trial Court is maintained...........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Last seen theory - Testimony of last seen witnesses/PW3 and PW4 not acceptable, as there was delay in recording their statement by I.O - There is no reference of last seen evidence of PW3 and PW4 in the first statement of informant - Moreover, PW3 is closely related to..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Last seen theory - Testimony of last seen witnesses/PW3 and PW4 not acceptable, as there was delay in recording their statement by I.O - There is no reference of last seen evidence of PW3 and PW4 in the first statement of informant - Moreover, PW3 is closely related to..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Recovery of slippers of deceased at the instance of accused - Admittedly, there is no disclosure statement of accused with regard to place at which slippers had been kept by them and its absence, recovery itself would loose much of its sheen - Moreover, recovery effected..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Recovery of slippers of deceased at the instance of accused - Admittedly, there is no disclosure statement of accused with regard to place at which slippers had been kept by them and its absence, recovery itself would loose much of its sheen - Moreover, recovery effected..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Motive of crime not established - Once testimony of last seen and recovery is discarded, there remains no other evidence on record to establish the chain of events to implicate the accused - Guilt of accused not proved - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Motive of crime not established - Once testimony of last seen and recovery is discarded, there remains no other evidence on record to establish the chain of events to implicate the accused - Guilt of accused not proved - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376 -- Anticipatory bail - Kidnapping and rape - Consensual relationship between accused and prosecutrix - Prosecutrix left her parental home on her own will and entered into wedlock with accused - FIR was lodged after filing of application u/s 9 of Hindu Marriage Act - Accused has not..........
