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..........
Indian Penal Code, 1860, Section 376(2)(n), 420, 406 -- Rape of married woman - Prosecutrix is a married woman voluntarily had sex with accused knowing that she cannot enter into marriage with accused in view of fact that she was a married woman - Even though promise of marriage was made by accused, since prosecutrix is a married woman, said promise is illegal and that..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Second marriage during subsistence of first marriage - Wife lodged FIR that she learnt about performance of second marriage by husband from somebody else which is in the nature of hearsay evidence - Same has now turned prima facie into piece of evidence with recording of statement..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of minor girl by her step father - Testimony of prosecutrix - Statement of prosecutrix recorded u/s 164 Cr.P.C was without any coercion or duress, as her mother was not present with her - Prosecutrix was tutored by her mother when she stepped into witness box - It appears that mother has entered into compromise with her..........
Indian Penal Code, 1860, Section 376(2)(n), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(l), 6 -- Rape - Reduction of sentence - Accused and victim were in love and sexual act was consensual - However, age of victim was 16 years at the time of incident - Victim and child born from said relationship are suffering on account of absence..........
