Indian Penal Code, 1860, Section 376 -- Rape - Medical report of prosecutrix suggests that no rape was committed upon her - There was no external or internal injury found on the person of prosecutrix - Prosecutrix was used to sexual intercourse - Age of prosecutrix was found above 19 years as per ossification test - Offence of rape u/s 376 IPC not made out against accused..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Evidence in the case was recorded after 6 years of incident - Accused alleged to have accompanied main accused, who had passed away during trial - Allegations against accused are that they had positively made prosecutrix sit on the motorcycle and taken her to village - Prosecutrix stayed with main..........
Indian Penal Code, 1860, Section 364, 376, 323, 336, 34 -- Kidnapping and rape - Oral rivalry and old enmity between parties - Prosecution story was not even plausible story even as per medical evidence - Though, there were multiple injuries found on body of prosecutrix, they were simple in nature - There was no injury on private parts - Main accused who is alleged to have..........
Indian Penal Code, 1860, Section 376, 511, 354, 457 -- Nature of offence - Accused who was nephew of prosecutrix tried to commit trespass by entering her house and tried to molest her - But in the process when prosecutrix tried to catch him, he ran away - Offence u/ss 376, 511 IPC rightly not made out against accused - Even, offence u/s 354 IPC also not made out - However,..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Rape - Doctor could not trace of spermatozoa and therefore no injury marks were found on body of prosecutrix - She further testified that prosecutrix had not been subjected to any forcible sexual harassment or intercourse - Prosecutrix was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 511 -- Quashing of charge sheet - Offence u/ss 376, 511 IPC - Material available on record indicates that victim had alleged the specific allegation against petitioner as well as his co-accused while recording her statement u/ss 161, 164 Cr.P.C - On basis of such statements and statements..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix stated that she called accused to her home and they went away and got married in temple - They both stayed together and only after complaint was lodged, FIR was noted, prosecutrix came back - Prosecutrix had conceived and she gave her statement that police official read over what she had mentioned - Prosecutrix has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 302, 323, 341, 458 -- Bail - Rape and murder - Allegation that accused sexually assaulted deceased and thereafter murdered her - However, PWs not supported prosecution story and turned hostile - Held, having regard to totality of facts and circumstances of the case, without expressing..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Allegation that accused forcefully raped victim and she became pregnant and gave birth to child - Evidence on record fails to inspire confidence on the aspect of blood withdrawal of accused for purpose of DNA profiling - Victim appears to be closeting actual..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 376, 417, 313, 506 -- Further investigation - Denial of - Investigation of case is still in progress - Documents are restricted to only S.207 Cr.P.C - On receipt of such documents if so advised, petitioner would be at liberty to take out an application u/s 173(8) Cr.P.C, which is in seisin of..........
