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..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 384, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - FIR lodged after delay of 5 months and no satisfactory explanation given for the same - Place of incident not established - Prosecutrix refused her internal medical examination - Consequently, nothing incriminating is emerging from MLC -..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix can be the basis for conviction provided same is trustworthy and credible...........
Indian Penal Code, 1860, Section 363, 376, 342, 313, 201, 506, 34 -- Kidnapping and rape - Sole testimony of prosecutrix - Prosecutrix proved to be 14 years of age at the time of incident - She stated that she was brought to the office of accused where she was locked inside by co-accused and co-accused committed rape upon her - Prosecutrix became pregnant and when she told..........
