Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of sentence - Victim was 7 years old and accused was 22 years old at the time of occurrence - Act of accused of committing rape of 7 years baby is abhorrent - Since rape was committed of a baby being below age of 12 years in the year 2004 and accused also uncle in relation, trial Court rightly convicted and..........
Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Prosecutrix herself admitted that she is about 20 years of age and got married with another person - No evidence on record to prove that prosecutrix was taken away from custody of her parents - Prosecution failed to prove that..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Love affair between parties which continued unabatedly for almost 12 years - Accused and prosecutrix involved in a purely consensual relationship with each other for nearly a decade - Allegation against accused that prosecutrix was..........
Indian Penal Code, 1860, Section 376(2)(n), 90 -- Rape - Consent - False promise of marriage - Prosecutrix and accused were in relationship with each other and has sexual intercourse many a times - She was a major around 25 years of age and she was intelligent enough to understand the significance and moral quality of the act she was consenting to - Prosecutrix even became..........
Indian Penal Code, 1860, Section 376 -- Rape - Past sexual relationship of prosecutrix with accused if any, would constitute offence of rape irrespective of consent, if prosecutrix was minor at relevant time...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Love affair between parties - Prosecutrix has not only in her complaint but also in her statement recorded u/s 164 Cr.P.C repeatedly stated that accused had sexual intercourse with her against her consent - Mere fact that prosecutrix was quite friendly with accused for a long..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix that accused raped her, substantially corroborated by independent witnesses as well as seizure of knife from a nearby bush - Defence raised by accused during his examination u/s 313 Cr.P.C with regard to animosity of PW1 appears to be desperate one, as no cross-examination in this regard had been made..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused has undergone sentence for more than nine years - Sentence of accused thus, reduced to period already undergone by him and shall pay fine of Rs.10,000/- and in default to suffer further R.I. for 6 months...........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise entered into between parties - Parties decided to live in peace - No useful purpose would be served in allowing proceedings to continue - FIR quashed...........
