Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim duly corroborated by medical evidence - Witnesses of fact i.e. father of victim, victim herself and mother of victim, have supported prosecution case in all material aspects - Injury reported on the body of victim also corroborates prosecution story - Prosecution has successfully proved its case against..........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - No discrepancies and contradictions in the evidence of victim - Evidence of victim is supported by PW3 - Appellant failed to prove that because of prior enmity victim was telling lies - Conviction 2upheld...........
Indian Penal Code, 1860, Section 497, 376 -- Adultery and rape - Distinction: (i) Adultery can be committed only with a married woman, whose husband is alive, whereas rape can be committed on any woman married or unmarried, whose husband is alive or dead or a divorced woman; (ii) In adultery, woman is willing and consenting partner but in rape sexual intercourse is..........
Indian Penal Code, 1860, Section 308, 506 -- Offence u/ss 308, 506 IPC - Victim suffered 14 injuries few of which are even life threatening - Presence of witnesses on the alleged spot of incident is proved on record - So far as non-recovery of weapon of assault is concerned, benefit of such lacuna in investigation cannot be given to appellant, as ocular evidence on record..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Aggravated sexual assault - Sole testimony of victim - Victim girl alleged that appellant had pushed his penis into her vagina and raped her for one hour - However, medical evidence does not support testimony of victim girl - Rather, it belies her testimony as no internal or external injury was found on..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - There is no promise of marriage to coerce consent from victim for sexual intercourse as forthcoming from the statements made by victim - Promise if any was after first physical intercourse and even later allegation was forceful intercourse without any..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Offence u/s 3(1)(r) of SC/ST Act - To attract liability u/s 3(1)(r) of the Act, accused must intentionally insult or intimidate to humiliate a member of Scheduled Caste or Scheduled Tribes - Not every intentional insult will result in caste-based humiliation - Therefore,..........
Criminal Procedure Code, 1973, Section 164 -- Re-recording of statement of victim u/s 164 Cr.P.C - Earlier statement alleged to be made under coercion and not voluntary in nature - Direction issued to respondent No.1 to consider desirability of re-recording of statement of victim u/s 164 Cr.P.C...........
Indian Penal Code, 1860, Section 383, 385, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 383, 385, 506 IPC - Quashing of FIR - Allegations pertain only to a threat with no delivery of money or property by complainant to petitioner - No offence of extortion is made out - It is an attempt to commit an offence of extortion without rebutting or assessing..........
