Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was more than 18 years of age at the time of incident - No external or internal injury found on the body of prosecutrix - No traces of semen on vaginal swabs - Manner in which incident narrated and post conduct raises doubts about incident - Two independent witnesses denied the fact that they were present or had..........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 506 -- Delayed FIR - Sexual assault on girl aged 10 years by her near relative - Delay of 21 days in lodging FIR - Not fatal to prosecution, where family of prosecutrix belongs to rural area and father of prosecutrix was not in the..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Indian Penal Code, 1860, Section 506 -- Sexual assault on girl aged 10 years by her near relative - Accused committed penetrative sexual assault on prosecutrix and criminally intimidated her to do away with her life - Prosecutrix was subjected to sexual assault over a period of time - Testimonies of PWs and..........
Criminal Procedure Code, 1973, Section 482, 190(1)(b), Indian Penal Code, 1860, Section 406, 419, 420, 467, 468, 471 -- Quashing of order taking cognizance - Offence u/ss 406, 419, 420, 467, 468, 471 IPC - Initially applicant no.1 charge sheeted u/s 406 IPC, however, in respect of other three applicants negative report was submitted by police - Prosecution and informant..........
Indian Penal Code, 1860, Section 147, 353, 120B, 295, 153A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 147, 353, 120-B, 295, 153-A IPC - Two different FIRs - Quashing of FIRs - Property dispute between parties, as both the rival factions staked their claim over land in question with positive assertion of ownership - However, dispute itself no more survives..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - In order to constitute offence u/s 354 IPC, mere knowledge that modesty of a woman is likely to be outraged is sufficient without any deliberate intention of having such outrage alone for its object...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Non-examination of two important site witnesses - Said witnesses were not in any way connected with actual commission of offence and even in their absence, commission of offence of molestation by accused stands well proved by unimpeachable testimony of eye witness to the incident - Adverse inference thus..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused an IG of Police molested prosecutrix aged 15 years - Prosecutrix committed suicide due to this incident after 3 years - Occurrence of overt act is well proved by unimpeachable testimony of eye witness PW13, which is corroborated by other PWs - Delay of about 6 days in presenting complaint to SHO,..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Reduction of sentence - Keeping in view the mitigating factors which are old age of accused, health ailments, responsibility of looking after unmarried daughter suffering from congenital heart disease, past meritorious service and prolonged trial, cause of justice would be best sub-served when sentence of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Death sentence awarded by Courts below - Circumstantial evidence - Allegation that accused committed murder of his wife and five daughters - Mother of the accused who was sleeping in another room, heard the cries - She entered the room of accused and saw the dead bodies and accused was lying..........
