Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Mere fact that hymen is not ruptured, it cannot be said that no rape is committed...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim who was 16-17 years old at the time of incident stated that accused came inside the room in absence of her parents and ravished her after tied her mouth with dupatta - Accused threatened her not to disclose about act of accused to anyone..........
Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Testimony of eye witnesses - Prosecution examined three eye witnesses - Two eye witnesses turned hostile and did not support case of prosecution - Testimony of PW10/father of victim, neither shows that he was an eye witness of occurrence nor does it disclose that..........
Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Post mortem report of victim discloses that victim was sexually assaulted, however, FSL report on record does not establish any connection of accused with sexual assault on victim - Dead body of victim found lying in open field - Record is not clear as to when accused..........
Indian Penal Code, 1860, Section 302, 224, 511 -- Murder - Accused who was already arrested for commission of other offences, made an attempt to escape from custody by attacking deceased/constable causing his death - He made call to control room by using mobile phone of deceased just to divert attention of police so that he could escape in case locked door was opened -..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix on the date of incident was not below 16 years of age - Statement of prosecutrix was fully supported by PW6, who stated that they had found prosecutrix in unconscious state soon after incident was committed - Nothing on record which can even remotely suggest that act was consensual - Accused rightly convicted -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 370(4), 506, 120B -- Anticipatory bail - Kidnapping - Custodial interrogation of accused is required - Keeping in view nature, gravity and seriousness of offence, manner in which girl has been managed to be transported/travelled from Shimla to a remote village of U.P in an unorganized..........
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376A, 376(2)9n), 506, 454 -- DNA test - Rape - FSL report shows that human sperm and semen were found on undergarments of prosecutrix - DNA test is essential for just decision of case as per S.53-A Cr.P.C - Thus, it cannot be said that trial Court has tried to fill up lacuna - Order directing for..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Impleadment of victim - Victim is not a necessary party in an appeal from conviction for offences against woman or child, punishable under provisions of IPC or POCSO Act or any other penal provision which will apply in relation to offences affecting human body against any "woman" and/or "child" - No..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on medical grounds - Guidelines issued: (i) Medical reports from Jail Hospital must clearly state history, examination findings and clinical diagnosis, interpretation of diagnosis in simpler terms for Judges to understand following: (a) What is the diagnosis?: (b) Whether it can be simply treated by giving..........
