Indian Penal Code, 1860, Section 376, 354, 342, 120B, Immoral Traffic (Prevention) Act, 1956, Section 5, 6 -- Rape - Testimony of prosecutrix - Prosecutrix was 17 years of age at the time of incident as per ossification test - She left home without even informing her mother - Missing report was filed by mother of prosecutrix after two days, which report is withheld by..........
Criminal Procedure Code, 1973, Section 164, Protection of Children from Sexual Offences Act, 2012, Section 26 -- Statement of prosecutrix (minor) u/s 164 Cr.P.C - Not recorded as per procedure laid down u/s 26 of POCSO Act - Provisions of POCSO Act are mandatory in nature - Magistrate directed to proceed immediately for recording statement of prosecutrix as per procedure..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Prosecutrix herself admitted that accused was known to her and she was ready to marry with him, but her father did to want to marry her with accused - No injury was found on any part of body of prosecutrix and there was no signs suggestive of forced sexual assault - Medical report of prosecutrix does not support..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Accused though below age of 16 has ravished a very young prosecutrix, who is just 6 years old - Prosecution is consistent in FIR lodged by prosecutrix's mother, statement of..........
Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Absence of positive evidence with regard to age of prosecutrix on date of occurrence - Possibility of her being above age of eighteen years on the date cannot be ruled out - Benefit of doubt goes to accused...........
Indian Penal Code, 1860, Section 323, 341 -- Offence u/ss 323, 341 IPC - No medical evidence on record to sustain conviction u/s 323 IPC - As regarding offence u/s 341 IPC is concerned, since prosecutrix herself stated that she had gone to live with accused for 15 days of her own volition, no offence therefore, made out against accused u/s 341 IPC - Accused acquitted...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between prosecutrix and accused - Accused did not make any false promise or intentional misrepresentation of marriage leading to establishment of physical relationship between parties - Both the parties belong to different religion and prosecutrix herself aware of obstacles in their..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married woman - Accused was a tenant of prosecutrix's family and was living on first floor in same residence - He was well aware of prosecutrix and her family - Offences are stated to have been committed continuously over a period of one year and three months - Question..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Offence u/s 3(1)(xii) of SC/ST Act - Prosecutrix did not give a single instance that accused had taken her away and had sex with her only for the reason that she belonged to Scheduled Caste category - Accused acquitted...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was minor at the time of incident - Statement of prosecutrix is corroborated by family register, a public document maintained by Panchayat Secretary, which was found duly marked and authenticated by concerned authorities - Accused held, rightly convicted...........
