Criminal Procedure Code, 1973, Section 344, Indian Penal Code, 1860, Section 366, 376(2)(g) -- Abduction and rape - Prosecutrix changing her version again and again and giving false statement in Court - It is still to be decided as to which part of the statement is false - Proceedings drawn by trial Court u/s 344 Cr.P.C. shall proceed in accordance with law - Conviction of..........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Abduction and rape - Conviction on the statement of victim - Prosecutrix changing her versions again and again and thus she is wholly unreliable witness - In case prosecution is based on wholly unreliable testimony of a single witness, Court has no option but to acquit the accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 227, 228, 397, 401, Indian Penal Code, 1860, Section 406, 34, 36, 376(2)(g), 366 -- Framing of charge - Revision against - Allegations against revisionists that victim was raped by co-accused in furtherance of common intention of co-accused - Held, there is no illegality or impropriety in impugned order framing charges against..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Testimony of prosecutrix - Conviction can be based on the sole testimony of prosecutrix if it inspires confidence and no corroboration is required - Minor contradictions or insignificant discrepancies in the statement of prosecutrix should not be a ground for not accepting an otherwise reliable..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of 15 years old girl - Prosecutrix stated that accused kidnapped her after giving her a laddu which she ate and became unconscious and rape was committed upon her - Testimony of prosecutrix duly corroborated by medical evidence - Contradictions as pointed out by accused are minor in nature and do not..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of 15 years old girl - Quantum of sentence - Prosecutrix was less than 16 years of age at the time of incident and minimum punishment prescribed in law for an offence u/s 376 IPC is R.I. of 7 years which can be reduced only if there exist some special and adequate reasons for the same - However, it is..........
Indian Penal Code, 1860, Section 363, 366 -- Abduction - Consensual act - Age of the prosecutrix at the time of incident above 18 years as per medical evidence - Evidence on record shows that prosecutrix had moved from place to place with accused and she had voluntarily gone with accused - There was no inducement as such prosecutrix is consenting party - Offence u/ss 363,..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of prosecutrix - Ossification test - Ossification report of prosecutrix reflects that she was between 15-17 years - Benefit of 2 years thus enures in favour of accused and prosecutrix should be treated as major...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix herself admitted that she willingly accompanied accused and had expressed her desire to marry him after completion of her education - She was travelling to different places using public transport with accused but no complaint was made to any passenger or to police nor she tried to run away..........
Indian Penal Code, 1860, Section 366, 344, 376 -- Kidnapping and rape - Prosecutrix narrated the entire incident in her testimony which is corroborated by medical evidence - Testimony of prosecutrix with regard to scar with knife on her private part is also corroborated by medical evidence - Merely because prosecutrix did not raised any shout or alarm, it cannot be stated..........
