Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim who was 16-17 years old at the time of incident stated that accused came inside the room in absence of her parents and ravished her after tied her mouth with dupatta - Accused threatened her not to disclose about act of accused to anyone..........
Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Testimony of eye witnesses - Prosecution examined three eye witnesses - Two eye witnesses turned hostile and did not support case of prosecution - Testimony of PW10/father of victim, neither shows that he was an eye witness of occurrence nor does it disclose that..........
Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Post mortem report of victim discloses that victim was sexually assaulted, however, FSL report on record does not establish any connection of accused with sexual assault on victim - Dead body of victim found lying in open field - Record is not clear as to when accused..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix on the date of incident was not below 16 years of age - Statement of prosecutrix was fully supported by PW6, who stated that they had found prosecutrix in unconscious state soon after incident was committed - Nothing on record which can even remotely suggest that act was consensual - Accused rightly convicted -..........
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376A, 376(2)9n), 506, 454 -- DNA test - Rape - FSL report shows that human sperm and semen were found on undergarments of prosecutrix - DNA test is essential for just decision of case as per S.53-A Cr.P.C - Thus, it cannot be said that trial Court has tried to fill up lacuna - Order directing for..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Last seen Evidence - FIR lodged against unknown persons - There is no eyewitness to actual commission of offence - Deceased was last seen in company of acquitted accused `R' - No witness has deposed about deceased being last seen with accused in and..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Recovery of knife - Blood stained knife was sent to FSL for forensic examination, but there is no evidence that fingerprint was taken from murder weapon or compared to fingerprint of accused - FSL report only states that blood found on knife was..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Forensic evidence for tests of scalp hairs, pubic hairs, seminal strains on certain exhibits, blood stains on knife etc. is on record, but reports of the same do not in any way provide proof to establish guilt of accused - There is no eye witness to..........
Indian Penal Code, 1860, Section 376, 311, 351 -- Attempt to rape - No evidence of penetration even to a slight degree of male organ of accused - Even, there is no evidence to suggest that sexual intercourse was actually committed by accused with prosecutrix - There is no mark of injury sustained by her on her body and private parts - Accused aged about 20 years striped..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 328, 506 -- Bail - Rape - Allegation against father-in-law that he after giving some tablets which made prosecutrix unconscious did a wrong act with her and made objectionable videos and clicked her photographs - Issue with regard to contradiction of statement u/s 164 Cr.P.C and deposition..........
