Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Ossification test or other medical test though is a guiding factor for determining the age, it is not conclusive or incontrovertible and leaves a margin of error of two years on either side...........
Indian Penal Code, 1860, Section 376(2)(i), 376(2)(j), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Determination of age of victim - Prosecution has not examined person who had recorded date of birth of victim in School Register or any other person conversant with said fact - In the absence of such evidence, entry regarding age of victim as..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Reduction of sentence - Offence committed in the year 1985 - Accused was aged about 25 years and now he is 63 years old - He has been facing the agony of criminal case for last about 38 years - Accused has remained in custody for a period of about 16 days in all - Sentence awarded to accused reduced to period..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder of 14 years old girl - Modification of sentence - Guilt of accused was proved beyond reasonable doubt on account of testimony of direct eye witnesses - Accused sentenced to life imprisonment for whole of biological life of accused without remission - Accused was 26 years of age when offence was committed and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2) -- Bail - Rape - Accused has been in incarceration for more than 8 months - Charge sheet has been filed - Trial Court has not yet framed charges and trial has not commenced - Bail granted to accused...........
Indian Penal Code, 1860, Section 376(1) -- Rape - Victim stated that when she was sitting on front seat of car, driver of vehicle committed rape on her - However, without consent applying force on woman that too when she was sitting on front seat of car is manually and physically not practicable, particularly when there were several persons in the garden and other persons..........
Indian Penal Code, 1860, Section 376 -- Rape case - There is no inflexible mandate u/ss 26(a)(iii) proviso and S.327(2) second proviso Cr.P.C. as regards trial of matters u/s 376 IPC to be dealt with by a Court presided over by a woman judge...........
Indian Penal Code, 1860, Section 376(2)(j), 376(2)(n), 366 -- Rape - Voluntary and consensual relationship - Uncertainty relating to age of prosecutrix raises a benefit of doubt in favour of accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape - Prima facie or reasonable ground to believe that accused has committed offence of rape upon prosecutrix - Offence in question is grave by its nature - Prosecutrix during in her deposition before trial Court not..........
Indian Penal Code, 1860, Section 376 -- Rape - Discharge - Love affair between parties for prolonged period of 8 years - Prosecutrix is sufficiently of matured age to be conscious of relationship, both physical and mental - Merely because relationship between parties had now turned sour, it cannot be inferred that physical relationship established with her on every..........
