Indian Penal Code, 1860, Section 376, 511, Criminal Procedure Code, 1973, Section 222 -- Rape - Offence u/s 376 IPC - During trial accused found to have committed offence of attempt to rape - Accused convicted u/s 511 IPC through no charge u/s 511 was framed - Not illegal - When an accused is charged with a major offence and if the ingredients of major offence are not..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction for offence of rape or attempt to commit rape can be based on the sole testimony of the prosecutrix, provided that it is found reliable, unimpeachable and it is without any infirmity...........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Attempt to rape - Proof - Prosecutrix in her evidence specifically stated that accused penetrated his penis partly in her private parts but during cross-examination she categorically deposed that "I did not sustain any bleeding injury on my private parts - I also did not sustain any external injury on my person" - Held,..........
Indian Penal Code, 1860, Section 376, 511, 354 -- Attempt to rape - Allegation against the accused that he caught hold of prosecutrix, laid her on ground and then caught hold of her neck - No allegation of ejaculation of accused - No allegation that accused undressed himself and prosecutrix - Offence of attempt to rape not made out - However, accused convicted u/s 354 of..........
Indian Penal Code, 1860, Section 376(2)(g), 511 -- Rape of child aged 3-1/2 years - Magistrate before whom prosecutrix produced for recording statement u/s 164 Cr.P.C. came to specific conclusion that the said victim girl could not understand the questions put to her and could not give rational answers - During trial victim girl did not reply to many important questions..........
Indian Penal Code, 1860, Section 376 -- Rape - Girl aged 12 years - Medical report that hymen was intact - In case of a girl of tender age, rupture of hymen is not a matter of rule - In cases where the hymen is deep seated, it may not rupture though there may be a penetration - In case of a forcible attempt to penetrate also, there are chances that the hymen of the victim..........
Indian Penal Code, 1860, Section 302, 376(2)(f) -- Rape and murder of girl aged five years - Death penalty - Accused not a criminal or dare-devil - Nothing on record to show that his antecedent has not been good and is history sheetor - Accused aged about 27 years - Accused did not escape after committing crime - Accused made no attempt to run away from the hospital also -..........
Indian Penal Code, 1860, Section 376 -- Rape - Complete penetration of male organ with emission of semen and rupture of hymen is not necessary to constitute the offence of rape - Even partial or slightest penetration of the male organ within the labia major or the vulva or pudenda with or without any emission of semen or even an attempt at penetration into the private part..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Prosecutrix 12 years of age suffered two injuries on forearm and two injuries on medial part of right knee - No semen detected in vaginal swab but semen found on ghaghara of prosecutrix and dhoti of accused - No injury found on outer side of private part of prosecutrix - As per medical report intercourse was not performed..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Infirmities in the statement of prosecutrix - Essential witness not examined - This may led to adverse inference against prosecution - Defence of accused probable that he was having physical relations with prosecutrix and advancing her petty loans and on asking her to return loan she started abusing her and he..........
