Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Summoning of additional accused - Sexual assault of 6 years old minor girl - Father of child filed an application to summon person who wears spectacles, as identified by victim - Allegation in first version are only..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 341, 323, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and rape - Prosecution not established on record that accused was even seen with prosecutrix either on first date of incident or on second date of incident - Evidence on record shows that prosecutrix attended her classes in school..........
Indian Penal Code, 1860, Section 420, 376, 493, 494, 495, 496, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cheating - Marriage between accused and prosecutrix not denied and even previous marriage of accused and two kids also not denied - Accused said himself to be unmarried and under his assurance and persuasion this marriage took place, stated by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 313, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused sexually exploited prosecutrix for about one and a half year on false promise of marriage with result that she had become pregnant - Thereafter, accused administered abortion pills to complainant and also..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Deceased was last seen with accused and on earlier occasions too was seen being enticed by accused - DNA evidence using established STR technique has proved that accused committed sexual..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Death sentence - Can be awarded even in case based on circumstantial evidence...........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Medical examination - Refusal by prosecutrix - Where prosecutrix refused to undergo a medical examination, it shows that no offence is committed on prosecutrix by accused - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - There is not even a single document filed by prosecution to corroborate that there was any physical relation between prosecutrix and accused - Major contradictions of facts mentioned in statements of prosecutrix recorded u/ss 161, 164 Cr.P.C and in her original Ruqqa -..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence - If evidence of prosecutrix is acceptable, there is no need to consider medical evidence - Conviction can be based in absence of corroboration by medical evidence if evidence of prosecutrix inspires confidence of Court...........
