Indian Penal Code, 1860, Section 376 -- Rape - Medical examination - Victim of rape should generally be examined by a female doctor - Simultaneously, she should be provided the help of some psychiatric - The medical report should be prepared expeditiously and the Doctor should examine the victim of rape thoroughly and give his/her opinion with all possible angle e.g...........
Indian Penal Code, 1860, Section 376 -- Rape - Investigation - The Investigating Officer must ensure that the victim of rape should be handled carefully by lady police official/officer, depending upon the availability of such official/officer - The victim should be sent for medical examination at the earliest and her statement should be recorded by the I.O. in the presence..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 309 -- Rape case - Adjournment - Procedure - Held, it is duty of trial court not to adjourn proceedings for a long period giving an opportunity to accused to persuade or force, by any means, prosecutrix and other witnesses to turn hostile - Giving recognition to principle of speedy trial,..........
Indian Penal Code, 1860, Section 324, Evidence Act, 1872, Section 3 -- Voluntary causing hurt by dangerous weapons or means - Proof - Prosecution's case that after altercation appellant No.1 alongwith appellant No.3 & 4 came on rooftop of house of victim and opened fire - Victim and her son sustained firearm injuries - In her deposition before trial Court, victim changed..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 227, Evidence Act, 1872, Section 138, 148 -- Cross examination - Very material question disallowed as irrelevant - Petition there against - Allowed - Petitioner allowed to cross examine the witness on the two questions...........
Indian Penal Code, 1860, Section 376 -- Rape - Non examination of I.O. and doctor coupled with the fact of non satisfactory explanation of delay of 11 days in lodging FIR - Not only prejudice is caused to the accused but also reasonable doubt is created in the mind of Court - Accused acquitted on ground of benefit of doubt...........
Indian Penal Code, 1860, Section 376, 307, Evidence Act, 1872, Section 3, 45 -- Rape - Attempt to murder - Conviction - Validity - Accused, cousin of victim, alleged to have entered in room of prosecutrix under false pretext and committed forcible rape on her - After committing rape he attempted to kill her by strangulating her with her `chunni' - On medical examination..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Reliability - In dying declaration deceased had made allegation that she was put on fire by her father-i, law - Father of deceased deposed in his cross-examination that dying declaration was recorded by Magistrate at about 12 noon on 19.04.2006 - Whereas dying declaration..........
Indian Penal Code, 1860, Section 376(2)(f) -- Minor girl - Attempt to rape - Proof - Accused persuaded prosecutrix, who was aged about 9 years at the time of incident, to go to his house and forcibly dragged her to bed, undressed her and took off his underwear in attempt to commit rape on her - Prosecutrix in her cross-examination demonstrated that accused did not insert..........
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 154, 164A -- Incident of rape & molestation - Guidelines for police - Held, in case of rape or molestation, FIR should be lodged immediately, even without waiting for victim or her relative(s) to lodge report as it being a cognizable offence and of a serious nature affecting society - A..........
