Indian Penal Code, 1860, Section 376, 342 -- Rape - Mental disorder of prosecutrix - Prosecutrix was not examined before trial Court - No expert evidence on record to establish that prosecutrix was suffering from schizophrenia, a mental disease at the time of alleged offence of rape - Mere statement of police officer about mental condition of prosecutrix is not any way..........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Medical evidence not supported the prosecution case - No injury was found in private parts of prosecutrix - Prosecutrix narrated the incident to her grandmother - However, grandmother of prosecutrix not examined - There is no evidence of prosecutrix on record - C.A report about vaginal swab of prosecutrix found to be in..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Delay of 11 days in reporting matter to police - Victim stated that due to threats extended by accused, there was delay in reporting matter to police - However, victim roamed freely outside her house without disclosing her plight to anyone including her parents - Moreover, neither victim nor her mother had stated that..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Neither any medical evidence nor scientific evidence was available to corroborate the case of victim - No visible marks of violence were present on external part of body of victim or on sexual organs - Moreso, no hue and cry raised by victim after accused left her house - Father of victim was neither cited nor examined as..........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and rape - Sole testimony of prosecutrix - Incident occurred when prosecutrix and her husband were in fields to cut grass - However, husband of prosecutrix has not extended any substantial support to version of prosecution - Prosecutrix stated that she remained silent during the incident because she was..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 377, 506 -- Anticipatory bail - Rape - Complainant was in relationship with appellant for a period of four years - Complainant was 21 years of age when relationship started - Now, if the relationship is not working out, the same cannot be a ground for lodging FIR for the offence of rape..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 323, 341, 354, 379 -- Anticipatory bail - Rape - Recoveries in the case are yet to be made - Accused not fully cooperated in the investigation - Considering seriousness of offence alleged, it is not a fit case for grant of anticipatory bail - Order granting anticipatory bail set aside...........
Indian Penal Code, 1860, Section 376 -- Rape - Sexual relationship between two willing adult partners will not amount to rape coming within purview of S.376 IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - A subsequent refusal to marry or failure to lead relationship into a marriage are not factors that are sufficient to constitute rape even if partners had indulged in a physical relationship...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n) -- Bail - Rape - On the pretext of marriage - Prosecutrix was aware that accused became acquainted with and got close to another lady with whom he is now engaged to marry - She stated that accused had conveyed to her that he does not intend to marry anyone - Prosecutrix also stated that..........
