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..........
Evidence Act, 1872, Section 112, Indian Penal Code, 1860, Section 376 -- DNA test - Paternity of child - Rape case - Paternity of child is not relevant for deciding case u/s 376 IPC, as same can be decided on oral evidence - Even otherwise, medical evidence in a rape case is not always final but plays role of secondary evidence - Application for DNA test rightly rejected...........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegation that accused forcibly took away ornaments of prosecutrix - However, said allegation is false and afterthought because jeweller with whom said alleged ornaments were mortgaged stated that he knew accused as well prosecutrix, as..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Prosecutrix did not support prosecution case and deposed that she was in love with accused - Parents of prosecutrix wanted her to marry with an old man, hence she eloped with accused out of her own volition - They both performed..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Rape - Conviction - Compromise during pendency of appeal - Victim solemnized marriage with accused - She is mature enough, as she is 22 years of age now - Strict interpretation to cut off provided under POCSO Act, should not be creating any obstacle as such..........
