Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that she sustained abraded injuries on her hand and legs - But no such injuries were found in medical nor there is any abrasion on her hand or leg - Even there is no injury on private parts of victim - There is no medical evidence that victim was unconscious - Medical report shows that she was normal - There was..........
Constitution of India, 1950, Article 72 -- Mercy petition - Rape case - Torture of prisoner in jail, cannot be a ground for judicial review of executive order passed u/art 72 of Constitution rejecting mercy petition...........
Constitution of India, 1950, Article 72, 32 -- Mercy petition - Death sentence - Rape case - Plea of juvenility - Petitioner earlier also raised the plea of juvenility, which was rejected - Plea has been duly considered and rejected by Courts below - Petitioner is thus, not right in contending that plea of juvenility is not finally determined by Courts below - Other..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Rape case - Court cannot and should not make any prejudicial distinction in quashing of an FIR based on frivolous ground of marital status of an accused at the time of or subsequent to commission of an alleged offence...........
Constitution of India, 1950, Article 72 -- Mercy petition - Rape case - Torture of prisoner in jail, cannot be a ground for judicial review of executive order passed u/art 72 of Constitution rejecting mercy petition...........
Constitution of India, 1950, Article 72, 32 -- Mercy petition - Rejected by President of India - Death sentence - Rape case - Petitioner contended that Press interviews given by persons in position of authority reported in newspapers have influenced the decision of President of India in rejection of mercy petition - Contention rejected, as when decision has been taken by..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 506 -- Delay in lodging FIR - Rape case - Long silence regarding alleged occurrence of prosecutrix and her husband both of whom were well educated creates doubt regarding prosecution story, particularly when explanation put forth by prosecution regarding delay in lodging FIR are not appealing..........
Indian Penal Code, 1860, Section 376(2)(j), 511 -- Attempt to rape - Prosecutrix was a severe mentally challenged person - Eye witness PW2/sister of prosecutrix stated that she had seen accused lying on prosecutrix and at that time, accused was not wearing his trousers and prosecutrix was also not wearing her salwar and when PW2 asked accused as that he was doing he ran..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Evidence of father of victim was corroborated by a contemporaneous entry in her school records maintained in ordinary course of business which is more authentic and convincing piece of evidence with regard to her age - Failure to hold ossification test to determine age of victim does..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Accused met victim by chance and offered to drop her to her village - He pushed victim to ground from her shoulder and after victim struggled and pushed him away he released her - Even if it is assumed that he had intention to commit crime, there is no material to prove that he has made preparation for same and..........
