Indian Penal Code, 1860, Section 376, 504, 506 -- Rape - FIR of case lodged belatedly - Testimony of prosecutrix was not believed by Sessions Judge - No alarm raised by prosecutrix during crime - Medical evidence goes to show that there was no external injuries - Spermatozoa which belong to accused was not present in vaginal swab - Prosecution failed to prove its case -..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - There is no supporting evidence except vague statement of prosecutrix in her evidence that whenever she shouted when he had attempted to have sexual acts with her, accused threatened her not to say anything to anyone, as otherwise he would kill her - No other statement or evidence relating to the incident or the..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 308, 323, 504, 506 -- Summoning of additional accused - Offence u/ss 308, 323, 504, 506 IPC - Petitioner was not only named in FIR but he was also assigned a role in the incident - Testimony of PW1 and PW2 as being indicative of complicity of petitioner have also been referred - FIR version as..........
Indian Penal Code, 1860, Section 427, 447, 506, 120B, 34 -- Offence u/ss 427, 447, 506, 120-B, 34 IPC - Offence by company - Chairman, Managing Director, Executive Director, Deputy General Manager, Planner and Executor cannot automatically be held vicariously liable for offence in question, unless there are specific allegations and averments against them with respect to..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Sexual assault on victim is alleged to have taken place inside room at gunpoint by accused - Testimony of victim does not suffer from any infirmity and corroborated by testimony of PW5 coupled with fact that it is highly unlikely that a working lady would go to the extent of foisting a case of sexual assault on her only..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(1), 323, 452, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 13 years old girl - Factum of accused has a criminal history of 6 cases suppressed in bail application - Sign of violence seen in medical examination of victim - Sexual violence upon..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Indian Penal Code, 1860, Section 323, 452, 506, 149 -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act and Ss.323, 452, 506, 149 IPC - Accused forcibly entered into house of complainant and beaten him and uttered words naming his caste and also threatened to kill him - Offence..........
Indian Penal Code, 1860, Section 376, 506(i) -- Rape - Consent - Non-raising resistance at the time of committing sexual assault by accused, amounts to pre-consent...........
Indian Penal Code, 1860, Section 376, 506(i) -- Rape - Occurrence happened on 07.05.2009 and prosecutrix became pregnant - If evidence of prosecutrix is found correct, there was no chance for her to reach menstrual period after 07.05.2009 but doctor who examined victim girl stated in her report that last menstrual period is 03.06.2009 - Such circumstance create a doubt..........
Indian Penal Code, 1860, Section 376, 452, 506(2), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Defence of accused is that he has no criminal history - However, there is a charge of rape and molestation and having or not having criminal history is not at all relevant in such type of cases - Accused rightly convicted...........
