Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(1)(xii) -- Offence u/ss 3(2)(v), 3(1)(xii) of SC/ST Act - Trial Court not discussed what is evidence that act of rape was committed because of caste of prosecutrix - Even from the statement of PWs, offence in question not proved - Accused acquitted...........
Indian Penal Code, 1860, Section 376 -- Rape - Protection to rape victim - Directions issued Viz. (i) Deputy Commissioner, Ranchi is directed to take measure to ensure that minor children of victim are provided free education in any Government Institutions in District where victim is residing till they attain age of 14 years; (ii) Deputy Commissioner, Ranchi may also..........
Indian Penal Code, 1860, Section 228A -- Non disclosure of identity of rape victim - Directions issued to print media, electronic media, people using social media such as Whats app, Facebook, Internet, Twitter etc, while giving information/circulating information relating to offences u/ss 376, 376-A, 376-B, 376-C, 376-D, 376-E IPC and offences under POCSO Act, shall not..........
Indian Penal Code, 1860, Section 228A -- Non disclosure of identity of rape victim - Directions issued that: (i) While framing charge, mentioning name of victim should be avoided and he/she should be referred to as `X' or any other alphabet Court deems fit and proper; (ii) While recording evidence if witness mentions name of victim, Court shall record that `witness stated..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Age of prosecutrix - Prosecutrix herself admitted that at the relevant time her age was 18 years and she gave her age 15 years in FIR on the say of her mother - Birth certificate though is a public document, does not indicate that same is extract of public record kept in office of Gram Panchayat - Further, who gave..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Testimony of prosecutrix - Accused is neighbour of prosecutrix - It seems highly impossible for a single man to gag mouth of prosecutrix and remove her clothes and to perform sexual act without any scuffle - Medical evidence also does not support case of prosecutrix - Defence of consensual physical relations does appear..........
Indian Penal Code, 1860, Section 363, 366A, 376, 328, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Prior enmity between accused and father of prosecutrix - Prosecutrix is aged about 20 years and got married with another person - FIR lodged after delay of 15 days and no explanation has been given for the same - Prosecutrix..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape - Testimony of prosecutrix no doubt is sufficient for conviction of accused, however, same ought to inspire confidence of Court - It ought to be of sterling quality...........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape - Love relationship between parties - Prosecutrix was just three months short of attaining age of majority - She has not stated before police incidents of sexual relations between them at his sister's place - Offence of rape came to be added on basis of..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Victim was 7 years old at the time of occurrence - Ocular evidence adduced on behalf of prosecution corroborated with medical evidence - Blood stained panty of victim and blood stained clay was proved - Statement of victim found trust worthy - Statement of parents of victim, who though not are eye witnesses, yet their..........
