Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Plea of false implication - Accused and his family living in a room above the room of informant - Informant admitted that there was a quarrel between her and accused over leakage of water from toilet - Possibility of false..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Delay in lodging FIR is not of significance - However, conduct of mother of victim is not taking victim to doctor, despite noticing an injury on her private parts and victim complaining of passing reddish color urine, is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 3, 6, 5, 17, 16 -- Quashing of FIR - Kidnapping and rape of 17 years old girl - Settlement between parties - Accused and victim got married - Compromise and settlement entered between parties and marriage subsequently..........
Indian Penal Code, 1860, Section 376D, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Statement of victim is not of sterling quality and there is no corroboratory evidence on record - Husband of victim who has been produced as eye witness of crime has also given contradictory statement - Medical evidence does not..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 307, 341, 148, 149 -- Summoning of additional accused - Murder - Name of proposed accused were specifically mentioned in FIR with specific role attributed to them - High Court failed to appreciate fact that for attracting offence u/s 148 IPC only forming part of unlawful assembly is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Identification of accused - Non-holding of Test Identification Parade (TIP) - Accused was known to witnesses and was specifically identified by eye witnesses - Failure to conduct TIP for accused will not vitiate his conviction - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 420, 109 -- Quashing of proceedings - Murder - Allegation that A-2 introduced main accused to deceased and complainant for arranging a job and for the same Rs.6 lakhs were given - A-2 was in touch with deceased and complainant - Rs.1 lakh and 20,000 recovered from house of A-2 during..........
Indian Penal Code, 1860, Section 177, 171, 419, 417, 411, 413, Criminal Procedure Code, 1973, Section 313 -- Accused in his statement u/s 313 Cr.P.C. confessed his guilt and on the basis of confession accused was held guilty for all the charges framed against him - Accused did not deny a specific question put as to whether he is a habitual offender - Offences committed by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 376, 342 -- Quashing of FIR - Kidnapping and rape - Compromise arrived at between parties - Parties have resolved their disputes and differences - Held, after considering nature of offences allegedly committed and fact that both the parties have amicably settled their dispute,..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Sexual assault on victim is alleged to have taken place inside room at gunpoint by accused - Testimony of victim does not suffer from any infirmity and corroborated by testimony of PW5 coupled with fact that it is highly unlikely that a working lady would go to the extent of foisting a case of sexual assault on her only..........
