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..........
Indian Penal Code, 1860, Section 376 -- Rape - Voluntarily leaving home by victim with accused does not give accused the right to invade upon the privacy of victim girl or to commit any penetrative sexual offence within the meaning of rape as defined u/s 375 IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - Nothing has come out from cross-examination of victim to shake her credibility - Therefore, there is no reason to seek corroboration as it would amount to add an insult to injury already suffered by victim - Prosecution case stands proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that force was applied by accused while he engaged himself in sexual intercourse that too against her consent - She not only withstood the test of cross examination, defence counsel by way of cross-examination has extended support to prosecution case - Victim of an offence u/s 375 IPC is best witness to prove the..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Accused was only bread earner of family and at the relevant point of time he was 26 years old - Ends of justice would be met if accused is sentenced to suffer imprisonment of 4 years instead of 7 years for committing offence u/s 376 IPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 316, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Parties lived in live-in-relationship for one year - FIR lodged when accused refused to marry victim - Keeping in view the uncertainty regarding conclusion of trial, one sided investigation by..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 5(1), Indian Penal Code, 1860, Section 376 -- Rape - Child victim, 15 years of age at the time of incident, got married with the respondent and they only thereafter had physical relationship - Same cannot be termed as rape - Acquittal upheld...........
Indian Penal Code, 1860, Section 363, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape of 4-1/2 years old girl - Victim has been consistent in all her statements except statement recorded u/s 164 Cr.P.C and had unequivocally stated that accused had inserted his finger in her private parts - She was able to understand the..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - However, mere breach of promise cannot be said to be a false promise...........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - However, mere breach of promise cannot be said to be a false promise...........
