Indian Penal Code, 1860, Section 376 -- Rape - Promise to marriage and subsequent physical relationship between prosecutrix and accused with consent would not amount to rape...........
Indian Penal Code, 1860, Section 376, 417, 506, 34, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Allegation that act of rape was committed upon prosecutrix three years back when she was a minor - There is absolutely no evidence and definitely no forensic evidence with prosecution regarding act of rape - Considering facts and circumstances of..........
Indian Penal Code, 1860, Section 376, 323, 506 -- (Bharatiya Nyaya Sanhita, Ss.64, 115, 351), Protection of Children from Sexual Offences Act, 2012, Ss.4, 8, Criminal Procedure Code, 1973, S.311 (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Offence u/Ss. 376, 323, 506 IPC (Ss.64,115, 351 BNS) and 4, 8 POCSO Act - Recall of prosecutrix for further cross examination -..........
Indian Penal Code, 1860, Section 376(2)(n), 307, 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376(2)(n), 307, 324, 323, 504, 506 r/w S.34 IPC - Quashing of proceedings - Agreement of surrogacy - Agreement is against public policy - Agreement of surrogacy is not legalized in India - Application u/s 482 Cr.P.C. rejected...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Juvenile - Rape - Conduct of petitioner of repeatedly raping victim, cleaning the blood and threatening her not to reveal the incident to any person, showed that petitioner was aware of..........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Delay in lodging FIR - FIR lodged on next day of incident in the morning, as incident occurred in the evening and since in the month of November, days are short and police station was at a distance of 26 kms from house of victim - Delay had been duly explained - Therefore, no benefit can be granted to appellant...........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Sole testimony of victim - If statement of prosecutrix is worthy of credence, it requires no corroboration and can form the sole basis for conviction...........
Indian Penal Code, 1860, Section 376, 377, 302, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Offence u/ss 376, 377, 302 IPC & Ss.5, 6 POCSO Act - Conviction - The Courts below have failed to make any detailed reference to the aggravating and mitigating circumstances surrounding the appellant - Court commuted the death sentence awarded to the..........
Indian Penal Code, 1860, Section 302, 376, 397 -- Offence u/ss 302, 376, 397 - Conviction - The chain of circumstantial evidence in no way points to a singular hypothesis, that is the guilt of the accused, ruling out his innocence or involvement of none else in the crime - As a result, the conviction of the Appellant-convict is vacated - He is directed to be released..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Offence u/s 376 IPC is undoubtedly a grave and heinous nature - Ordinarily, quashing of proceedings involving such offences on the ground of settlement between parties is discouraged and should not be permitted lightly - However, power of Court..........
