Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Rape case - Appellant had already suffered incarceration for almost 10 years - Even, if Court accepts the sentence of 20 years imposed by High Court, appellant has still undergone half of sentence - Sentence suspended during pendency of appeal...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Failure to prove age of victim has weakened prosecution's case under POCSO Act - Conviction of accused persons under POCSO Act is liable to be set aside...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - No allegation of rape was ever brought by victim against A-2 and A-3 - Victim stated they were only present during alleged incident - Since case of kidnapping or rape has not been proved against him as such A-2 acquitted...........
Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - A-1 gagged mouth of victim, while the other two held her hands and dragged her to a field in the jungle but she did not describe clearly the way in which she was dragged - No injury due to dragging and no evidence of committing rape has been reflected in..........
Bharatiya Nyaya Sanhita, 2023, Section 64, 74, 75, 79, 354(2), 3(5), Information Technology Act, 2000, Section 67A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss. 64, 74, 75, 79, 354(2), 3(5) BNS and S.67A IT Act - Anticipatory Bail - Where owner of establishment itself is alleged to have committed serious offence including rape and there are..........
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(3) -- Cancellation of bail - Presence of informant or any person authorized by him is obligatory at the time of hearing of bail application in sexual offences involving rape of minors as per S.483(2) BNSS...........
Indian Penal Code, 1860, Section 376DA, 376DB -- Rape - Sentence - Right to seek remission is not only a constitutional right but also a statutory right - Even in a case where punishment is awarded u/s 376-DA or S.376-DB IPC to the effect that accused shall be punished with imprisonment for life, which shall mean imprisonment for remainder of that person's natural life..........
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..........
