Indian Penal Code, 1860, Section 376(2)(j), 511 -- Attempt to rape - Prosecutrix was a severe mentally challenged person - Eye witness PW2/sister of prosecutrix stated that she had seen accused lying on prosecutrix and at that time, accused was not wearing his trousers and prosecutrix was also not wearing her salwar and when PW2 asked accused as that he was doing he ran..........
Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6, Indian Penal Code, 1860, Section 366, 376(2)(n), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of victim - Date of birth certificate from School can be accepted as conclusive proof of age of victim in a criminal proceedings, in absence of evidence to..........
Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6, Indian Penal Code, 1860, Section 366, 376(2)(n), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of victim - Certificate issued by Principal of school where victim has pursued her Vocational Higher Secondary Course is relied upon by prosecution for..........
Indian Penal Code, 1860, Section 366, 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(i), 6 -- Kidnapping and rape - Victim had eloped with accused and physical relationship of accused had with victim was consensual - However, since victim was aged about 15/1-2 years old at the relevant time, accused thus, is guilty of offence in question -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Evidence of father of victim was corroborated by a contemporaneous entry in her school records maintained in ordinary course of business which is more authentic and convincing piece of evidence with regard to her age - Failure to hold ossification test to determine age of victim does..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Version of victim that she was kidnapped, raped and detained against her Will by accused in the house of one `T' proved beyond doubt - Victim also stated that she was kidnapped for one and half month and was subjected to sexual intercourse on three or four occasions - Medical evidence also supported..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Modification of sentence - Accused has no criminal antecedents - Victim was marginally below the age of consent i.e 16 years - Sentence modified to R.I for 8 years and to pay fine of Rs.25,000/- and in default to suffer R.I. for 6 months on each count respectively u/ss 366, 376 IPC - However, sentence..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant sought amendment of written statement by raising counter claim for partition of properties standing in the name of plaintiffs - No material whatsoever was placed to show existence of such property and in view of inconsistent pleas taken by defendant about property in..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Reduction of sentence - Accused voluntarily went to house of deceased, created a flutter by quarrelling with PW2, when this was questioned A-2 stabbed PW1 and when deceased intervened, accused caused his death - They are not in a position to show that murder had taken place out of sudden..........
Indian Penal Code, 1860, Section 302, 307, 312, 147, 148, 149, 109 -- Murder - Incident occurred in public place in broad day light in front of house of deceased - There are 7 eye witnesses to incident - Thus, there is every possibility of news reaching police over telephone - Presence of photographer in place of occurrence before registration of FIR, will not vitiate..........
