Indian Penal Code, 1860, Section 376(2)(n), 323, 328, 506 -- Rape - Three incidents of rape stated by prosecutrix, but the same is not proved on record - Prosecutrix alleges that accused makes a false promise to marry her - But, evidence on record shows that accused disclosed all the details of his family including his wife and two daughters to prosecutrix - Prosecutrix..........
Indian Penal Code, 1860, Section 323, 325, 341, 34 -- Offence u/ss 323, 325, 341, 34 - Benefit of probation - Accused persons involved in such like cases, who are neither previous convicts and nor habitual offenders, can be extended benefit of probation under Probation of offenders Act...........
Indian Penal Code, 1860, Section 376, 354, 506, 34 -- Rape of minor girl by her own father - Victim aged about 14 years stated that her father/accused committed multiple times sexual intercourse since she was about 11 years of age - She became pregnant and her pregnancy was forcibly terminated by accused - DNA report establishing accused as father of unborn child -..........
Indian Penal Code, 1860, Section 376 -- Rape - In cases of rape, law does not require corroboration and therefore, if evidence of prosecutrix is believed, there is no bar to convict accused on her testimony alone...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 118 -- Competent witness - Offence u/s 376 IPC - Prosecutrix is considered as a competent witness vide S.118 of the Act...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 133, 114B, 114A -- Offence u/s 376 IPC - As prosecutrix is not an accomplice within the domain of S.133 of the Act therefore, her statement does not require corroboration within the meaning of Ss.114B, 114A of the Act...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Delay in FIR - Offence u/s 376 IPC - Delay per se is not a mitigating circumstance for accused when accusation of rape are involved...........
Indian Penal Code, 1860, Section 376(d), 506(2), 114, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Delay of 9 months in lodging FIR not satisfactorily explained - Even, DNA test confirms that none of the accused person are biological father of the child delivered by prosecutrix -..........
Indian Penal Code, 1860, Section 500 -- Defamation - Legal notice - It was stated that complainant prepared the forged documents and are trying to grab the whole property - In the last para it was mentioned that if accused is not given his one third share, he will institute court proceedings - Accused being successor has every right to defend the Will - Act of accused does..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 341, 323, 148, 149, Arms Act, 1959, Section 25, 27, 54 - - Offence u/ss 307, 336, 341, 323, 148, 149 and Ss.25, 27, 54 Arms Act - Complainant who has testified before the Court has became hostile - Out of 20 witnesses only three have been examined - Even, firing was in the air and injury..........
