Indian Penal Code, 1860, Section 376(2)(n), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), (I), 6 -- Rape - Reduction of sentence - Minimum sentence as prescribed by law has been imposed on accused - Said minimum sentence cannot be reduced - Prayer for reduction of sentence rejected...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376 -- Discharge - Rape - Charge can be framed solely on the basis of statement made u/s 164 Cr.P.C. even if such an allegation is not made in FIR or in statement u/s 161 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376(2)(m), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(i), 6 -- Bail - Kidnapping and rape - Muslim marriage between parties - Victim was enticed by accused without the knowledge of her parents and age of victim being only just 14 years at the time of..........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Once Court believes version of prosecutrix, that is sufficient to establish offence punishable u/s 376 IPC - Failure of police to send sized articles to FSL ceases to have any significance in such a case...........
Indian Penal Code, 1860, Section 376, 450, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Evidence of prosecutrix is consistent with statements made in FIR - Not even a suggestion is given to prosecutrix that there was a consent by prosecutrix - Moreover, contradictions sought to brought on record in evidence of prosecutrix are of insignificant nature..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 328, 120B -- Bail - Rape - High Court while allowing bail application has not taken into consideration relevant aspects which are required to be kept in mind - Considering fact that charge sheet has already been filed, accused is already charge sheeted and relevant material is also now a..........
Indian Penal Code, 1860, Section 376, 302, 449, 201 -- Rape - Murder of victim and her son - Recovery of sari of victim/deceased - Husband of deceased failed to identify sari of victim - It cannot be held that sari sized at the instance of accused belong to victim - Therefore, it will not help in connecting accused with offence in question...........
Indian Penal Code, 1860, Section 376, 302, 449, 201 -- Rape - Murder of victim and her son - Circumstantial evidence - Motive - Allegation that accused committed rape of his sister-in-law and in order to avoid any disclosure of offence by victim he committed murder of his sister-in-law and her son - Dead bodies of both the deceased were thrown in dam which were recovered..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - If a man retracts from his promise to marry a woman, consensual sex they had, will not constitute an offence of rape u/s 376 IPC unless it is established that consent for such act was obtained by him by giving a false promise of marriage with no intention of being adhered to and that promise made was false..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - Accused and prosecutrix were in consensual relationship for past four years - They voluntarily went together to several places and had consensual sex - There is no specific allegation in First Information Statement that accused had given a promise to prosecutrix to marry which at the inception was false and based on..........
