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...........
Indian Penal Code, 1860, Section 376 -- Rape - Non-filing of complaint immediately after the incident is not a ground to disbelieve prosecution case, particularly when mother of prosecutrix was not in the house and she was at work place...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Evidence of prosecutrix is consistent that she was subjected to rape and also that accused had threatened her that if she disclosed said fact to anybody he will take away her life - Evidence of other witnesses examined as neighboring witnesses also is consistent - There is no enmity between family of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406 -- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Inducement to have a physical relationship by promising marriage must have a clear nexus with the moment promise of marriage is made and same cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Two consenting adults establishing a physical relationship is not a crime and not an offence under IPC - Unless there is an affirmative, conscious and voluntary consent to engage in sex, same would constitutes an offence...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Prosecutrix appears to have used allegation of inducement of physical relationship on promise of marriage to not only justify her physical relationship with accused in past, but also her conduct after FIR was filed - She had refused an internal medical examination - More so, prosecutrix three months..........
