Indian Penal Code, 1860, Section 376(2), 384, 354A, 354C, 341, 323 -- Rape of married woman - Prosecutrix limited her allegations against accused to extent of outraging her modesty - Allegation set out in clarification affidavit of prosecutrix was nothing but after thought - Prosecutrix knowingly and deliberately tried to improve her version step by step and tried to..........
Indian Penal Code, 1860, Section 354, Evidence Act, 1872, Section 3 -- Outraging modesty - Embracing and kissing - Conviction - Appreciation of evidence - Story regarding alleged molestation of victim by accused concocted by father of victim to save himself from prosecution initiated at the behest of accused - Lots of improvements made in statements of PWs as compared to..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354 -- FIR - Delay in lodging - Outraging modesty of a woman - Delay of 18 hours in lodging FIR inspite of the fact that their residence is at a distance of 200 meters from the police post - No plausible explanation - Adverse inference has to be drawn...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of a woman - Case of prosecution not supported by PWs - Contradictory statements of PWs created suspicion - Even version of complainant and her husband was contradictory - No explanation offered by complainant as to delay in lodging complaint - Adverse inference has to be drawn against prosecution in absence of any..........
Indian Penal Code, 1860, Section 354, 324 -- Outraging modesty of woman - Eye witnesses of occurrence not supported prosecution case and denied their presence on the spot of occurrence - Whole testimony of complainant becomes vulnerable, when other witnesses not supported prosecution case - Prosecution failed to prove guilt of accused conclusively and beyond reasonable..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Two necessary ingredients of S.354 IPC are `assault' or `use of criminal force' - Assault can be by mere gesture or preparation intending or knowing that it is likely that such gesture or preparation would cause any person present to apprehend use of criminal force...........
Indian Penal Code, 1860, Section 354, 354A -- Outraging modesty of woman - Sexual harassment - Allegation proved against accused are that he fondled breast of prosecutrix with ill intention and thereafter touched her private parts - Criminal force is used by accused and modesty of prosecutrix had been outraged by an act beyond physical contact with sexual overture -..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Allegation that accused forcefully grabbed left breast of prosecutrix when she was deboarding metro train, along with her friend PW2 - Version of prosecutrix duly corroborated by PW2 and FIR was promptly registered - No infirmity in convicting the accused - However, incident occurred in 2013 when no..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - In order to constitute offence u/s 354 IPC, mere knowledge that modesty of a woman is likely to be outraged is sufficient without any deliberate intention of having such outrage alone for its object...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Non-examination of two important site witnesses - Said witnesses were not in any way connected with actual commission of offence and even in their absence, commission of offence of molestation by accused stands well proved by unimpeachable testimony of eye witness to the incident - Adverse inference thus..........
