Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of FIR - Compromise - Undue influence - Rape of married woman - Facts in compromise shows that some amount was offered by accused to prosecutrix for effecting compromise - This would certainly fall within ambit of undue influence, as it would amount to bestowing an unscrupulous..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376 -- Quashing of FIR - Compromise - Rape of married woman - Serious and grave allegations levelled by prosecutrix against accused who unabashedly indulged in blackmailing and threatening her and her family - Allegations levelled in FIR prima facie reflects mental depravity of accused who tried..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 506 -- Delay in lodging FIR - Rape case - Long silence regarding alleged occurrence of prosecutrix and her husband both of whom were well educated creates doubt regarding prosecution story, particularly when explanation put forth by prosecution regarding delay in lodging FIR are not appealing..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of married woman - Sole testimony of prosecutrix - Husband of prosecutrix was already in knowledge about said incident - It is thus, not clear as to why prosecutrix and her husband did not report alleged incident to police immediately - Prosecutrix herself admitted that even during next 15 days after alleged incident, she..........
Indian Penal Code, 1860, Section 376(2)(j), 511 -- Attempt to rape of severe mentally challenged woman - Clinching evidence proves the presence of accused with prosecutrix, who had I.Q of just 33 and suffered from severe mental retardation - Absence of injuries on her body becomes meaningless because resistance would not occur to her, which would happen as a reflex action..........
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..........
