Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Statement of prosecutrix can be sole basis for conviction unless there are cogent reasons for Court to be hesitant in believing the statement at its face value or to seek corroboration...........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Prosecutrix went with accused on his scooty and travelled various places i.e more than 100 kms and she must have crossed number of populated area and police posts but she did not raise any hue and cry qua her kidnapping - She also stayed in two hotels, where also she did not raise any alarm qua..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Kidnapping and sexual assault - Whether or not the finding regarding age of victim is correct or not, or manner in which was sought to be proved before Trial Court was in accordance with law or not, is a question that is open for consideration in jurisdiction u/s 374 Cr.P.C as..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Victim girl is fully reliable witness and her recovery from house of appellant fortifies happening of occurrence against victim girl - Testimony of victim of sexual crime cannot be looked under doubt and no corroboration from independent source is required for such offence, which usually happens in..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim is opined to be between 16-17 years as per medical examination report - Mother of victim has categorically stated that victim has never gone to any school - Defence has also not brought on record any evidence in respect of age of victim - However, there is clear cut evidence of victim girl..........
Indian Penal Code, 1860, Section 363, 364, 34 -- Kidnapping - Material inconsistencies in deposition of witnesses as out of 12 PWs 11 have been declared hostile - Prosecution case has not been supported by anyone other than informant himself - There is no eye witnesses to occurrence and all the PWs were declared hostile and have not seen the occurrence - Informant in his..........
Indian Penal Code, 1860, Section 363, 366, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Victim and accused have entered into a marital relationship and are living a happy and peaceful life which reflects a genuine reconciliation - Continuation of legal..........
Indian Penal Code, 1860, Section 364A, 302 -- Kidnapping and murder - Circumstantial evidence - Last seen theory - PW18 had stated that he had seen accused with deceased in the evening on the day of incident - However, said evidence alone would not be sufficient to hold him guilty of alleged offence - Recovery of blade, nails and T-shirt with blood stains after two days of..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Determination - Birth certificate of victim is doubtful - Merely because documents are tendered and same are public documents, its manner of procurement and foundational material drawing for birth certificate not being gathered by I.O, it is difficult to accept the date reflected over..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Victim admitted her love relation with accused and she herself seems to have left house, as there is nothing to show that accused kidnapped her - There is long stay for months together, as victim has not returned home to her parents until custody of victim being handed over by father of accused - Mere..........
