Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - FIR was lodged by victim's mother on the basis of information given by victim - Two witnesses have witnessed the alleged incident as per FIR but during course of trial they did not support prosecution version and turned hostile - Even victim herself did..........
Indian Penal Code, 1860, Section 354, 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Nature of offence - Direct allegation of touching private parts of victim and also at the same time, appellant touching his private organs, is alleged by victim in her statements - Conviction recorded u/s 376(AB) IPC and u/s 6 of POCSO Act not sustainable..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - When accused was not known to victim previously, identification through a Test Identification Parade is of utmost importance - Failure to hold such parade is a serious lacuna that affects credibility of identification in dock for the first time...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Identification of accused - I.O. himself admitted that no TIP was conducted - He deposed that three villagers had allegedly identified accused in connection with occurrence, but not a single one of them was examined by prosecution - Failure of prosecution to examine these vital witnesses strikes at the root of case..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Status report shows that DNA of petitioner was found in salwar and vaginal swab of victim - Prima facie, there is sufficient material to connect petitioner with commission of..........
Indian Penal Code, 1860, Section 363, 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Kidnapping and Rape - Last seen evidence - Prosecutrix, aged 3 years, recovered from railway station `M' nearly 4 days after last seen with accused - However, prosecution neither examined any witness who had seen prosecutrix in company of accused at station `M' nor provided explanation..........
Indian Penal Code, 1860, Section 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Rape - Last seen evidence - Failure of accused to provide plausible explanation regarding intervening raises strong suspicion, but in absence of evidence connecting accused with commission of offence u/Ss. 376(2), 377 IPC renders his conviction u/Ss. 376(2)(f), 377 IPC unsustainable in eyes..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - Discharge - Prosecutrix made a consistent case in her complaint and statement recorded u/s.164 Cr.P.C. that accused under the pretext of promise to marry continued to have sexual relationship with prosecutrix despite knowing from inception that inter-caste marriage was not..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
