Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Rape case - Compromise arrived at in between parties - Allegation that accused had entered into physical relations with prosecutrix and on account of that she had become pregnant and he was not getting married to her - However, parties are living together happily with..........
Indian Penal Code, 1860, Section 376, 323, 511 -- Rape - Eye witnesses of incident clearly narrated the occurrence - Neither enmity nor motive among witnesses, prosecutrix and accused - Prosecutrix had abrasions on her lip, nose and she had a nail mark on her right side cheek - Medical evidence also against accused - Defective investigation is not fatal to prosecution case..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Where victim herself denied allegation of rape in her statement u/s 164 Cr.P.C, rejection of bail by Courts below is highly inappropriate -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Nothing on record showing that there is moral, physical or psychological danger to juvenile, if he is released, nor there was any possibility..........
Indian Penal Code, 1860, Section 376(1) -- Rape of blind girl - Testimony of a prosecutrix with a disability or of a disabled witness for that matter, cannot be considered weak or inferior as long as testimony of such a witness otherwise meets the criteria for inspiring judicial confidence...........
Indian Penal Code, 1860, Section 376(1) -- Rape of blind girl - Prosecutrix was blind since birth - Accused used to visit the house in which prosecutrix resided with her parents and brothers - Prosecutrix was able to identify accused by his voice with which she was familiar - Taking advantage of absence of members of family from the family home, accused entered the house..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Prosecutrix is not consistent with her previous statement in the matter of manner of occurrence - Husband of prosecutrix who was attending trial, was not produced as a PW - Other witnesses cited in complaint petition were also not examined and witnesses examined did not fully corroborate statement of each other..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - While appreciating evidence of victim of sexual assault, it should be treated on a par with evidence of an injured witness...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - If doctor who examination victim, does not find sign of rape, it is no ground to disbelieve sole testimony of prosecutrix...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Mere fact that hymen is not ruptured, it cannot be said that no rape is committed...........
