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, 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..........
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 - Rape case - Detailed analysis of facts as done by I.O by drafting opinion to give discharge to accused, without allowing prosecutrix/prosecution to examine or cross-examine would in fact lead to presumption in such type of cases of certain incidents..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Mere fact that no external marks of injury was found by itself would not throw testimony of prosecutrix over board as it has been found that prosecutrix had washed all tainted cloths worn at the time of occurrence as she was a minor girl...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was appearing 15 to 16 years old - However, as per medical evidence no injury was found on person of prosecutrix and she was habitual to sexual intercourse - Doctor opined that prosecutrix was having five months pregnancy but no definite opinion about rape could be given - Prosecution..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused is languishing in jail for last more than 14 years - No external injury was found on victim - Accused was young man at the time when offence was committed - Keeping in view of theory of doctrine of proportionality, sentence awarded to accused seems harsh - Sentence held, reduced to 14 years R.I..........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Evidence of last seen as propounded by PWs is shaky and doubtful - However, complaint is short and brief while mentioning that victim was missing, it does not record that she may have been raped and killed by someone - Inconsistency of dates between PWs as to on..........
