Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Testimony of victim inspires full confidence - Despite her tender age, her evidence is natural, cogent and consistent and it bears stamp of truth - Her competency to depose was duly assessed by Court and she answered..........
Indian Penal Code, 1860, Section 376(2), 376(AB), Protection of Women From Domestic Violence Act, 2005, Section 6 -- Rape of minor girl by her own father - Victim is a minor below 12 years of age and therefore, question of consent does not arise at all - In view of S.114(a) of Evidence Act, once victim has stated in her evidence that she did not consent to sexual act,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 396 -- Victim's compensation - Rape - Under Compensation Scheme, maximum compensation prescribed for victims of rape is Rs.7,00,000 - State therefore directed to pay a sum of Rs.7,00,000 to victim as compensation pursuant to said Compensation Scheme...........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 6, 7 -- Rape - No aggravated penetrative sexual assault proved - In absence of any proof of aggravated penetrative sexual assault, S.6 of POCSO Act cannot be applied - However, since sexual assault upon victim girl has been proved, provisions of S.7 of POCSO Act are..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction for offence of rape can be based on sole testimony of victim if it is trustworthy and inspires confidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of panch witnesses of recovery of clothes of appellant as well as victim - Signatures of panch witnesses were obtained on written paper at the instance of police - Said witnesses had no occasion to go through contents of said panchnama - Thus, High Court has committed an error while placing reliance upon stains of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - PW2 brother of victim stated that many people from locality had come and seen the incident - However, none from locality was produced in Court as prosecution witness - Fact that no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), Indian Penal Code, 1860, Section 354, 323 -- Offence u/s 3(1)(xi) of SC/ST Act and Ss.354, 323 IPC - Victim has not stated that A-2 committed alleged offence only because of victim being a member of SC - No such statement was even made by PW2 - Defence has been successful in..........
Evidence Act, 1872, Section 118 -- Testimony of child victim - Offence under POCSO Act - In cases arising under POCSO Act, testimony of child victim occupies position of paramount importance and, if found cogent and trustworthy, can by itself form basis for conviction...........
Indian Penal Code, 1860, Section 354, 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Offence u/Ss.354, 354-A IPC and S.8 POCSO Act - Discrepancies in timing of incident - Where core evidence of victim remains unshaken in cross-examination, minor discrepancies in peripheral details do not affect credibility of her substantive account - Conviction..........
