Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 3 years old girl - Death penalty - Accused is a young person aged about 23 years old at the time of commission of offence - He was studious and hardworking - It is the first offence committed by accused..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 34, Protection of Children from Sexual Offences Act, 2012, Section 5(L) -- Kidnapping and rape - Determination of age of victim - Prosecution has not proved the date of birth of victim by examining school Head master/teacher - Even the ossification test was not conducted - Moreover, when prosecution itself had filed a..........
Indian Penal Code, 1860, Section 366, 376, 419 -- Kidnapping and rape - Victim stated that she had gone with accused because accused proposed to her to marry and she had accepted the proposal - She had already attained sufficient maturity at the relevant time of occurrence - Evidence of victim girl failed to inspire confidence to the effect that she was ever kidnapped and..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Evidence in the case was recorded after 6 years of incident - Accused alleged to have accompanied main accused, who had passed away during trial - Allegations against accused are that they had positively made prosecutrix sit on the motorcycle and taken her to village - Prosecutrix stayed with main..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Mother of prosecutrix mentioned the age of prosecutrix to be 20 years - Even, in statement u/s 164 Cr.P.C, prosecutrix has mentioned that her age is 20 years - Offences u/ss 363, 366 IPC are not made out...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Mere fact that no external marks of injury was found by itself would not throw testimony of prosecutrix over board as it has been found that prosecutrix had washed all tainted cloths worn at the time of occurrence as she was a minor girl...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was appearing 15 to 16 years old - However, as per medical evidence no injury was found on person of prosecutrix and she was habitual to sexual intercourse - Doctor opined that prosecutrix was having five months pregnancy but no definite opinion about rape could be given - Prosecution..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Accused has no criminal antecedents - He is a father of five children and his eldest son is more than 18 years - There is no reason to apprehend that accused would indulge in similar acts in future - Sentence of 7 years held, sufficient..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Marriage between accused and victim - Factum of marriage having been solemnized between accused and victim cannot be a legal ground to absolve accused from criminal liability, if alleged offence is otherwise proved against him - Said factum of marriage is a relevant fact only to evaluate veracity of..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Victim did not support prosecution case - Evidence on record not proved that victim was a minor at the time of alleged offence - Victim has categorically stated that she had accompanied accused of her own will more than once and had maintained relations with him voluntarily - Factum that victim and..........
