Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 45 -- Procuration of minor girl and rape - Determination of age of victim - School documents, available but not brought on record - Secondary sexual character well developed as per medical opinion - Doctor opined that victim was in..........
Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Procuration of minor girl and rape - Victim had gone alongwith accused of her freewill - Other eye witnesses and victim did not raise any alarm, showing she was not taken away by force - Victim travelled and stayed with accused for..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of External & Internal Injury - Plea of accused there were no external or internal injuries found on the body of prosecutrix and therefore it may be a case of consent - Plea has no substance at all as no such question was asked even remotely to prosecutrix in her cross-examination...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 11 -- Rape - Plea of Alibi - DW1 categorically stated that on date/night of alleged incident accused was not in the village and was at Indore along with DW1 - As per accused one person had met with accident and DW1 and accused had gone to Indore taking said person and they had stayed at Indore on that night..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in FIR - Prosecutrix narrated incident to her sister-in-law (Jethani) and mother-in-law but they did not believe the prosecutrix - Even, no other family members in her matrimonial home supported prosecutrix and therefore she sent message to her parental house and thereafter she..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Death caused by accused was not premeditated - Injuries were though sufficient in ordinary course of nature to have caused death, but accused had no intention to cause death of accused - Case thus, falls u/s 300 Exceptions 1 and 4 IPC - Accused held, liable to be convicted u/s 304(Part I) IPC and..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical report of prosecutrix suggests that no rape was committed upon her - There was no external or internal injury found on the person of prosecutrix - Prosecutrix was used to sexual intercourse - Age of prosecutrix was found above 19 years as per ossification test - Offence of rape u/s 376 IPC not made out against accused..........
Indian Penal Code, 1860, Section 380 -- Theft - No recovery was made from accused - Offence u/s 380 IPC not made out against accused - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 14 -- Murder - Accused took deceased to a doctor which shows absence of intention to kill him - However, absence of intention to kill is not relevant as injuries found by PW3 on the face of deceased which were not the ante mortem injuries establish that before throwing the body of the deceased in a..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Evidence in the case was recorded after 6 years of incident - Accused alleged to have accompanied main accused, who had passed away during trial - Allegations against accused are that they had positively made prosecutrix sit on the motorcycle and taken her to village - Prosecutrix stayed with main..........
