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..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Disclosure statement - Recovery of dead body at the instance of accused - Kidnapping, rape and murder of 5 years old girl - Dead body was concealed in a gunny bag with two stones and immersed in the stream which had about midriff high water - PW9 and PW10 had deposed on almost..........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Medical evidence - Cause of death was asphyxia caused by strangulation and not due to drowning - Post mortem report corroborates prosecution version that victim was raped and murdered - Even, post mortem report and inquest panchnama confirm the date when crime was..........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Death sentence - Accused had no criminal antecedents - There is no evidence presented to prove that commission of offence was pre-planned - No case of State that accused cannot be reformed and is a continuing threat to society - Conduct of accused in jail is..........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Death sentence - Low age of victim - Cannot be considered as only or sufficient factor for imposing death sentence...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Difference between preparation and attempt to commit rape - Preparation or attempt to commit offence will be predominantly determined on evaluation of act and conduct of an accused - Stage of preparation consists of deliberation devising or arranging the means or measures, which would be necessary for..........
Indian Penal Code, 1860, Section 376(2)(f), 511 -- Attempt to commit rape of two minor girls - Victims are aged about 8 years and 9 years respectively - Both have unequivocally stated as how accused allured them and had taken them inside his house, closing the door, undressing victims and rubbing his genitals on those of victims - Since the victims started crying, accused..........
Indian Penal Code, 1860, Section 363, 368, 376, 120B -- Kidnapping and rape - Doctor who examined prosecutrix has categorically mentioned that it cannot be opined that there was sexual intercourse with prosecutrix and that there was rape committed - Vaginal smear did not show any spermatozoa - FIR was lodged belatedly - There were contradictions which were not minor in..........
