Indian Penal Code, 1860, Section 366, 376, 302 -- Kidnapping, rape and murder - Enhancement of sentence - On the date of conviction accused was 27 years of age and he had a wife and small child as well as aged parents - He committed first offence and accused has no criminal antecedents - However, this is a case where a fixed term sentence for a period of 30 years must be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Testimony of prosecutrix is complete and 7 out of 14 witnesses have been examined - Accused is a young boy of 21 years and is in custody for the last more than 1-1/2 years - Trial is likely to take long time - Bail granted to accused with conditions...........
Indian Penal Code, 1860, Section 376 -- Rape - Whether proper opportunity has been provided to the appellant during trial to defend his case - Copies of complete police papers and other documents as required to be supplied to the accused u/s 207 Cr.P.C. - Therefore, evidence of the victim shall be recorded in Vulnerable Witness Deposition Centre - Case is remanded...........
Indian Penal Code, 1860, Section 376 -- Rape - Whether proper opportunity has been provided to the appellant during trial to defend his case - Copies of complete police papers and other documents as required to be supplied to the accused u/s 207 Cr.P.C. - Therefore, evidence of the victim shall be recorded in Vulnerable Witness Deposition Centre - Case is remanded...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape of 5 years old girl - Mere non-examination of parents of victim would not create any dent in prosecution case as aunt of victim has stepped into witness box, as act complained of was first revealed to her by victim - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape of 5 years old girl - Testimony of victim inspires confidence - Medical evidence supports the version of victim - Accused failed to bring any material to establish the plea of false implication - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376(1), 376(2)(n), 90 -- Rape - Consent - False promise of marriage - Victim fell in love with accused - Material on record shows that accused had never intended to marry victim and procured her consent only for having sexual relations with her, which falls under definition of rape - Pleadings of victim point to the fact that her consent to..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Accused contended that victim stated his name on the say of police - It cannot be appreciated that police would have told name of accused to victim, as accused has not explained as to what grudge police have against him in his statement recorded u/s 313 Cr.P.C or even in cross-examination of I.O -..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Testimony of victim - Victim identified accused in Court and also stated that he used to wander in their vicinity after consuming liquor and she knows her - She told the nick name of accused to her parents - Victim had given details as to how incident had taken place and who has done the act -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 323, 357ka, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Quashing of proceedings - Compromise - Rape - Victims do not have the freedom to compromise the matter in heinous offences such as rape and molestation of minors - Proceedings cannot be quashed..........
