Indian Penal Code, 1860, Section 376(2)(n), 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape - Compromise - Quashing of FIR - Accused and complainant entered into compromise - Parties are not inclined to proceed further in the matter - FIR quashed...........
Indian Penal Code, 1860, Section 376, 377, 313, 406, 506 -- Rape - Informant admitted of lodging FIR by falsely making serious allegations of rape to pressurize accused and/or to settle score - FIR quashed - Cost of Rs.10,000/- imposed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Accused and victim both adult and acquainted with each other - Whatsapp messages prima facie indicate that victim was in constant touch with accused not only after the alleged incident but even after lodging FIR - Prima facie relationship appears to be consensual..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 3 -- Rape - Substantive evidence - Statement of witness u/s 164 CrPC is not substantive evidence - Substantive evidence is one which is given by witness in Court on oath in presence of accused..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Age - Radiologist stated that victim was more than fifteen years and less than sixteen years - School admission register mentioned 18.05.2005 as date of birth and FIR logged on 05.10.2017 - Prosecution established victim was minor at time of commission of..........
Indian Penal Code, 1860, Section 71, 363, 366, 376(2)(i)(n) -- Rape - Kidnapping - Accused convicted u/ss 363, 366 and 376(2)(i)(n), and awarded three separate sentences - Offences u/s 363 of IPC is squarely covered u/s 366 IPC, which is higher offence - In view of mandate u/s 71 of IPC, there is absolutely no need to award separate sentence u/s 363 of IPC as it has merged..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - Refusal on the part of complainant to cooperate with investigation makes out strong case to suspect veracity of allegations - In such..........
Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape - When materials placed on record itself are not sufficient to attract a prima facie case of any of offences u/ss 376(3), 376(AB), 376(DA), 376(DB) IPC or false nature of allegations is evident from..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 376(2)(f), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 4(2)(d), (b), 6, 5(i), 5(n), 5(m) -- Anticipatory bail - Rape of 3-1/2 years old girl by her own father - Plea of false allegation - Reluctance on the part of mother of child to produce child before clinical..........
Indian Penal Code, 1860, Section 375 -- (Prior to amendment) - Rape - Prosecutrix was more than 17 years of age at the time of incident - Prior to amendment of S.375 IPC, age of consent for the purpose of S.375 IPC was 16 years - No offence u/s 376 IPC is made out, as prosecutrix was consenting party...........
