Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Conviction of accused No.2 i.e maternal aunt - No motive is established as to why prosecutrix would falsely implicate maternal aunt - Statement of prosecutrix is of sterling quality - Combined evidence of prosecution lays down foundation facts which disclose..........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Victim has recorded a compromise within sixteen days of lodging of an FIR and she states that her allegations were in a fit of anger - Such change of versions ought not to be encouraged by Court - Quashing of FIR for allegations of rape on the basis of compromise rejected...........
Indian Penal Code, 1860, Section 376 -- Rape - Complainant turning hostile - Courts to direct prosecution to initiate proceedings u/s 182 IPC where complainant turns hostile in Court or direct administration to initiate disciplinary action against police authority for submitting frivolous charge sheets in Courts...........
Indian Penal Code, 1860, Section 376(2)(n), 342, 506, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6 -- Rape - Compromise - Accused and complainant have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - Moreover, when disputes have been settled by mutual compromise, then no useful..........
Protection of Children from Sexual Offences Act, 2012 -- Child victim - There is no distinct category within child victims of rape as those who are married and those who are not...........
Indian Penal Code, 1860, Section 375 -- Rape - Consensual relationship would not constitute rape within meaning of S.375 IPC...........
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 376A, Protection of Children from Sexual Offences Act, 2012, Section 3, 5 -- Rape - Relationship between accused and prosecutrix was purely consensual in nature - Prosecutrix was not minor at the relevant time as per medical evidence - She changed her stand from stage to stage - No specification of date, time and months of sexual acts given..........
