Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Reduction of sentence - Appellant convicted and sentenced to undergo life imprisonment till natural death - Offence is grievous - However, considering age of appellant and also that there are no antecedents and further his conduct during custody has been..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Prosecutrix maintained sexual relationship with petitioner for 4 years before death of her husband, for 4 years after death of her husband and even after knowing about marriage of petitioner with another lady - Relationship between petitioner and prosecutrix..........
Indian Penal Code, 1860, Section 376 -- Rape - Subsequent conduct of prosecutrix maintaining relationship with accused for 4 years after death of her husband, reveals that sexual relationship between them cannot be classified as rape...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent given under misconception of fact - Consent given by prosecutrix to sexual intercourse with person with whom she was deeply in love, on promise that he would marry her on later date, cannot be said to given under misconception of fact...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Promise to marry - Promise to marry, without anything more, will not give rise to misconception of fact u/s 90 IPC - However, position will change if it is shown that accused, with view to elicit assent of victim, gave false promise of marriage without having intention or inclination to marry her, made victim submit..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of consent cannot be presumed in every case where prosecutrix alleges that she indulged in sexual intercourse with offender believing offer of marriage made by him...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Offence of rape can be proved by establishing that, from very beginning accused had no intention at all to marry prosecutrix and that offer of marriage was made as ploy to make her surrender to him in order to satiate his canal desire...........
Indian Penal Code, 1860, Section 376 -- Rape - Long co-habitation of accused and victim over a period of more than 8 years itself shows that their relationship partook character of consensual sex and that accused and victim had been behaving with each other like husband and wife - Fact that accused went in search of greener pasture for giving vent to his promiscuous sexual..........
Indian Penal Code, 1860, Section 363, 366, 376, 377 -- Kidnapping and rape - Victim was aged about 15 years on the date of incident - Specific allegations with regard to committing rape upon her by appellant and committing unnatural sex upon her have been levelled by victim against appellant - Medical evidence does not rule out possibility of rape upon victim - Even..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
