Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnaping and rape - Age of prosecutrix was below 16 years - No injury was found on the body of prosecutrix and she was habitual to intercourse - Accused and prosecutrix were known to each other from before - Prosecutrix has tried to help the accused and not fully supported the prosecution case - She was declared hostile..........
Indian Penal Code, 1860, Section 147, 148, 149, 120B, 332, 307, Evidence Act, 1872, Section 9 -- Un-lawful assembly - Identification of accused - PWs deposed that though it was dark at the spot but it was not pitch dark - There was sufficient light to identify the accused in the tube light - Moreover, accused were known to police party since they used to visit Police..........
Indian Penal Code, 1860, Section 147, 148, 149, 120B, 332, 307 -- Un-lawful assembly - Criminal conspiracy - Property dispute - Accused formed an unlawful assembly to raise flag post over disputed land - Police force was deployed to diffuse situation - Crime committed in prosecution of its common object by pelting stones on police - Statement of officials witnesses duly..........
Indian Penal Code, 1860, Section 302, 307, 324, 326 -- Murder - Incident took place when deceased caught hold of a pick pocketer, as a result deceased suffered stab injuries - Name of assailant was not in the knowledge of injured persons - However, injured persons identified the accused in TIP and also after having recovered from injuries - Recovery of knife proved on..........
Indian Penal Code, 1860, Section 465, 468, 120B -- Reduction of sentence - Allegation that accused manipulated the revenue records and used manipulated documents in Civil proceedings in a suit with a view to grab the property for their personal benefits - Out of three accused, two died - Present accused is aged around 75 years - Accused has not retained any benefits..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g) -- FIR - Gang rape - When prosecutrix went to police station along with her family members she was bleeding profusely, thus, FIR is prompt and there are remote chances of false implication and embellishment...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Sole testimony of prosecutrix - Corroboration as a condition for judicial reliance on the testimony of prosecutrix is not a requirement of law but a guidance of prudence under given circumstances...........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 164A -- Gang rape - Medical examination of prosecutrix - Prosecutrix examined through private hospital as she was bleeding profusely and if attendants would have taken her to government hospital there were chances that she would have collapsed due to excessive bleeding - Moreover, there is..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Prosecutrix was above 16 years of age at the time of incident - She stated in her statement that she did not give her consent for commission of rape and act of sexual violence was committed on her against her will - Accused failed to give any explanation in his statement u/s 313 Cr.P.C., nor he was able to adduce..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Reduction of sentence - Court imposed a minimum sentence of 10 years keeping in view the manner in which rape was committed in a ghastly and brutal way and how life and soul of victim and her family was shattered - No interference warranted in the order of sentence of accused - Appeal dismissed...........
