Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 376(2)(N), 342 -- Bail - Kidnapping and rape - Accused is aged about 35 years and working as teacher in the school where prosecutrix studied - Prosecutrix just turned major - Considering age difference between accused and prosecutrix, it can be presumed that accused was in a position to..........
Indian Penal Code, 1860, Section 376, 377, 498A, 354, 506(2), 420, 406, 34 -- Rape and cheating - Quashing of FIR - Allegations against petitioner are baseless and without any substance - Allegations in FIR and final report, even if taken at their face value, do not prima facie constitute any offence or make out a case against petitioner - FIR against petitioner quashed...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - False promise of marriage - Prosecutrix being a married woman and mother of three children was matured enough to understand the significance of moral or immoral quality of act she was consenting to - Moreover, prosecutrix had gone to stay with accused during subsistence of her marriage with her husband - Prosecutrix knows..........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 6 -- Kidnapping and rape - Age of prosecutrix - Prosecutrix herself stated that she went with accused on her own will and she was living with accused as his wife and is blessed with two sons - Prosecution failed to prove that age of prosecutrix was less..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Compromise - Prosecutrix and accused are lovers and were living together for two years - Accused made a proposal to marry her and developed sexual relations with her and later on he refused to marry her and hence FIR was lodged - However, now prosecutrix has married..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence does not support prosecution case more particularly, injury report and supplementary report - Chain of circumstantial evidence found to be incomplete - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Punishment prescribed u/s 376 IPC and S.4 of POCSO Act are one and same - Argument that once accused was convicted u/s 4 of POCSO Act, Special Judge ought not to have convicted accused for offence punishable u/s 376 IPC, looses its significance...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(ii)(v), 3(i)(xii) -- Rape - In statement u/s 161 Cr.P.C. recorded on the date of incident victim did not allege commission of rape - However, victim developed a new story about..........
