Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Mere fact that accused solemnized marriage with some other girl, may not be sufficient to conclude that accused had made false promise to prosecutrix to marry her and such promise was given with no intention to being adhered to especially at the time when it was given...........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Accused admittedly give promise to marry prosecutrix, but there is no evidence that such promise was false and given in bad faith - No evidence on record that accused from day one after his engagement with prosecutrix had no intention to marry her - No evidence on record that accused developed..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Father of prosecutrix prior to lodging FIR lodged complaint with SDM in which allegation of rape was not made by him - He stated in said complaint that since accused refused to marry his daughter, life of her daughter is spoiled - Prosecutrix was 26 years old..........
Indian Penal Code, 1860, Section 376, 511, 448 -- Attempt to rape married lady - Prosecutrix corroborated the contentions advanced in written complaint and also explained delay for informing police - There was no contradiction in her evidence - PWs corroborated the version of prosecutrix - There is ring attached to version of prosecutrix which substantiates her initial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 343, 370, 376(2), 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 17 -- Bail - Kidnapping and rape - Prosecutrix was not kidnapped by petitioners rather she of her own volition went with co-accused with whom she wanted to solemnize marriage - Guilt if any of petitioner..........
Indian Penal Code, 1860, Section 392, 395, 397, 376, 324, 354, 354A, 120B, Evidence Act, 1872, Section 3 -- Dacoity - Appreciation of evidence - There is no evidence with regard to knowledge of accused about prior crimes allegedly committed by other persons - Even, one of the accused `M' in his confessional statement has clearly explained that accused permitted him and his..........
Indian Penal Code, 1860, Section 363, 366, 342, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Marriage between parties - Quashing of proceedings - Victim and accused were in love with each other - Accused was aged only 18-19 years, which recognizes person as an adult in law,..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Rape - Termination of pregnancy - Unilateral decision of prosecutrix - It has to be held that aborting child was to defeat the scientific DNA test - Adverse inference has to be drawn that if she had undergone DNA testing process it would have revealed that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(d), 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4, 5m, 5n, 6, 7, 8, 9I, 9m, 9n, 10, 11, 12 -- Bail - Penetrative sexual assault on 6 years old minor girl - Contradictions in statement of mother of victim and victim - Medical examination does..........
Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 376(2)(g), 120B, 377, 307, 397, 395, 302, 201, 412, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Rape case - Death sentence - General contentions against capital punishment made by petitioner, which cannot be gone into in the review petition - Each and every ground assailing course of..........
