Indian Penal Code, 1860, Section 363, 366, 376 -- Abduction and rape - Recovery of victim girl completely doubtful and unreliable - FIR lodged after one month and delay not explained satisfactorily - School certificate not proved to prove age of the victim girl - Medical age never allowed to come on record - As per medical evidence vagina of prosecutrix could allow entry..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Proof - Appellants alleged to have kidnapped prosecutrix on her way to school and raped for 8 days - Delay of 6 days in lodging FIR in spite of fact that father of prosecutrix came to know about incident in evening of same day - Medical report does not show any marks of injury on her body - Radiologist..........
Indian Penal Code, 1860, Section 376 -- Rape - Minor - Age determination - Held, procedure prescribed in Rule 12 of Juvenile Justice (Care and Protection of Children) Act, 2000, to determine age of a child in conflict with law, should also be the basis for determining age of a child who is a victim of crime...........
Indian Penal Code, 1860, Section 376 -- Rape - Determination of age of prosecutrix - Held, entry in scholar's register about the date of birth of any student gets precedence over any other piece of evidence, be it medical report or any other form of evidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Held, if victim is below 16 years as on date of incident her consent in the act of sex is immaterial - In present case, victim was above 16 years of age, on the basis of school certificate as well as on the basis of Radiologist report - Any prudent person will come to conclusion that girl was a consenting party to..........
Indian Penal Code, 1860, Section 363, 366A, 376 -- Kidnapping and rape - Proof - Accused alleged to have forcibly taken prosecutrix to his relative's house and committed rape on her - Nothing on record to show that accused used force against her - Birth certificate issued on basis of entries in Pariwar Register not proved - Even original school leaving certificate not..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical examination - Victim of rape should generally be examined by a female doctor - Simultaneously, she should be provided the help of some psychiatric - The medical report should be prepared expeditiously and the Doctor should examine the victim of rape thoroughly and give his/her opinion with all possible angle e.g...........
Indian Penal Code, 1860, Section 376 -- Rape - Age - Doctor found that prosecutrix was having only 28 teeth, 14 in each jaw - High Court rightly held that prosecutrix was only 14 yeas of age...........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Physical features described by doctor that : (i) Auxiliary hair not appeared; (ii) Public hair scanty; (iii) Menarche attained 1 years back; (iv) Teeth - 7+6/7+7 = 27 - No error in coming to conclusion that age of prosecutrix was about 14 years only...........
Indian Penal Code, 1860, Section 376(2)(f) -- Minor girl - Attempt to rape - Sentence - Accused is a man of about 30 years of age working as a police man at relevant time - Victim is young girl of 9 years of age at the time of commission of offence - Victim is also a next door neighbour of accused person - Held, accused cannot be shown any leniency as far as imposing..........
