Indian Penal Code, 1860, Section 354, 511, 376 -- Offence u/ss 354, 511, 376 IPC - Prosecutrix and her daughter were pleading with accused to let prosecutrix go - However, accused did not show any reluctance that he was going to stop from committing offence in question - Had there been no intervention, accused would have succeeded in executing his criminal design - Conduct..........
Indian Penal Code, 1860, Section 354, 511, 376 -- Offence u/ss 354, 511, 376 IPC - Accused forcibly entered the house of prosecutrix in a drunken state and using criminal force lifted her petticoat despite her repeated resistance - Statement of prosecutrix was corroborated by her daughter, who is an eye witness to incident, husband of prosecutrix and independent witness -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 376(3), 376(D), 366, 366A, 376DA, 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 18 -- Anticipatory bail - Offence u/ss 323, 376(3), 376(D), 366, 366-A, 376-DA, 511, 506 IPC & Ss.4, 18 POCSO Act - Initial occurrence took place when victim was a minor - However,..........
Indian Penal Code, 1860, Section 376, 448, 511, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - From the evidence available on record, it is evident that none is an eye witness to occurrence - Even as per allegation it is evident that allegation is not at all found duly substantiated and even if evidence is accepted, victim was only lying down and then..........
Indian Penal Code, 1860, Section 376(2)(i), 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape of 8 years old minor girl - Case of partial penetration - Reduction of sentence - Redness in vulva and vagina accompanied by slight swelling in vagina proves that child was sexually abused and was exploited - Accused denied said fact and pleaded..........
Indian Penal Code, 1860, Section 498A, 406, 323, 354, 376, 511 -- Offence u/ss 498-A, 406, 323, 354, 376, 511 IPC - Quashing of FIR - Specific allegation levelled against husband, father-in-law and mother-in-law to the effect that they assaulted complainant with fist blows and demanded money from parents of complainant - Petitioners raised question about character of..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3(c), 4 -- Penetrative sexual assault - Accused made an attempt to cause penetration - Act of accused cannot be termed as an aggravated penetrative sexual assault - No prior enmity between accused and parents of prosecutrix - Offence thus, fall u/ss 376, 511 IPC and..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 8 - - Victim claimed that she was violated by accused who was father of her friend - Version of victim is corroborated by PWs - Medical evidence though doubtful regarding penetration of vagina of victim, but it fully establishes case of attempted rape on victim -..........
Indian Penal Code, 1860, Section 376(2)(f), 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 12 -- Rape of minor girl - Two separate incidents on two different dates - Victim was raped by accused in her residence on the first incident and she sustained injury in her private part - Medical evidence corroborated said injury - However, said..........
Indian Penal Code, 1860, Section 376(2)(f), 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 12 -- Rape of minor girl - Quantum of sentence - Accused awarded life imprisonment for commission of offences in question - No factor to award maximum sentence indicated by Trial Court - Sentence of life imprisonment held, reduced to R.I of 10 years..........
