Indian Penal Code, 1860, Section 376 -- Rape - Testimony of victim that she was forced to marry `K' and that she was kept as wife of accused `K' - No allegation whatsoever that she was subjected to sexual intercourse by accused `K' - No substance of charge u/s 376 IPC - Conviction of `K' u/s 376 IPC cannot be sustained...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Medical evidence - Human semen stains were found on both the salwars of prosecutrix - However, it was only DNA extracted from salwar which was worn by prosecutrix at the time..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Incident occurred in the middle of field of accused and at that time there was nobody in surrounding fields - Accused dragged prosecutrix for a considerable distance from..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Kidnapping and rape - Parties settled their disputes and entered into compromise - However, offence u/s 376(2)(n) IPC is no, compoundable offence, as offence is not personal in nature and it would affect society - Having regard to nature of..........
Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Prosecutrix herself assisted accused and his family in planning for accused's marriage and had gone along with him to purchase Sherwani and Pagri for his marriage - Besides, prosecutrix was duly invited in marriage ceremony of accused and she had made willful gesture of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Summoning of additional accused - Kidnapping and rape - Statement of informant and victim shows that petitioner and co-accused were involved in commission of crime and they also participated in incident - Whether..........
Indian Penal Code, 1860, Section 376, 511 -- Reduction of sentence - Rape - Accused already undergone 02 years, 08 months and 28 days, out of total sentence of 03 years - Keeping in view peculiar facts and circumstances, sentence of accused reduced to period already undergone by him - However, fine imposed upon accused by trial Court shall remain intact...........
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..........
