Indian Penal Code, 1860, Section 376 -- Rape - Change of place of occurrence - Prosecutrix in her examination-in-chief stated the place of incident as wheat field and in cross examination she stated the incident to be field of peas - Since the testimony of prosecutrix is self contradictory as such it does not inspire confidence - Accused acquitted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband's licentious disposition disregarding autonomy of wife is a marital rape - However, such conduct cannot be penalized, but it falls in the frame of physical and mental cruelty...........
Indian Penal Code, 1860, Section 376 -- Rape - Quashing of FIR - Accused and prosecutrix lived together for a considerable while and a child was born as a result of said relationship - Allegation against accused is that he duped her by misrepresenting to her that he is divorced - Parties were referred to mediation and a settlement was arrived at between parties limited to..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Evidence regarding exact date of birth of victim was not produced by prosecution - Evidence of approximate age cannot take place of proof of exact age - Conduct of victim depicts that she had voluntarily accompanied accused to different..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused admitted his guilt in social meeting but he finally refused to marry her - But prosecutrix did not make any complaint against accused and allowed him to make physical relationship with her - She made complaint only after engagement of accused for marriage with another girl - Therefore,..........
Indian Penal Code, 1860, Section 376 -- Rape of mentally retarded girl - Prosecutrix did not support the prosecution case - She did not narrate even a single word against accused and about the incident - Even, mother of prosecutrix also did not support prosecution case - In absence of such evidence and in view of fact that victim was not even declared hostile by..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of PWs for further cross-examination - Rape case - PWs cross-examined in length and detail - They are thus, duly examined - Compromise was already in effect and in knowledge of accused - Recalling PWs already duly examined is nothing but an effort to delay the entire trial and to fill up lacuna which cannot be..........
Indian Penal Code, 1860, Section 366A, 376 -- Kidnapping and rape - Determination of age of victim - Evidence of approximate age cannot take the place of proof of exact age...........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Prosecution failed to prove that victim was below 18 years of age - Victim was in consensual relationship with accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
