Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511, 306, 498A, 406, 120B -- Anticipatory bail - Attempt to rape of daughter-in-law by father-in-law - Specific allegations levelled against accused by name which are quite grave and serious in nature - Young woman having lost her husband would not blame her father-in-law without any..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Attempt to rape - Victim not identified accused - Mother of victim not supported prosecution theory and turned hostile - There are contradictory statements even on point of calling police - No injury mark was found on the body of victim - Doctor opined that..........
Indian Penal Code, 1860, Section 376(2)(j), 511 -- Attempt to rape of severe mentally challenged woman - Clinching evidence proves the presence of accused with prosecutrix, who had I.Q of just 33 and suffered from severe mental retardation - Absence of injuries on her body becomes meaningless because resistance would not occur to her, which would happen as a reflex action..........
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 376, 511 -- Attempt to rape - Ingredients of the offence are : (i) there must be an intention to commit; (ii) preparation to commit it; and (iii) to commit it...........
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..........
Indian Penal Code, 1860, Section 376, 511, 448 -- Attempt to rape married lady - Prosecutrix corroborated the contentions advanced in written complaint and also explained delay for informing police - There was no contradiction in her evidence - PWs corroborated the version of prosecutrix - There is ring attached to version of prosecutrix which substantiates her initial..........
Indian Penal Code, 1860, Section 511 -- Attempt to commit an offence begins when accused commences to do an act with necessary intention...........
Indian Penal Code, 1860, Section 376, 448, 511, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - From the evidence available on record, it is evident that none is an eye witness to occurrence - Even as per allegation it is evident that allegation is not at all found duly substantiated and even if evidence is accepted, victim was only lying down and then..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3(c), 4 -- Penetrative sexual assault - Accused made an attempt to cause penetration - Act of accused cannot be termed as an aggravated penetrative sexual assault - No prior enmity between accused and parents of prosecutrix - Offence thus, fall u/ss 376, 511 IPC and..........
