Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused being brother-in-law of victim tried to ravish her finding her alone in a cow shed in the night - However, no independent witness was available to support such claim - There was an altercation and scuffle between parties on the next morning - But even from such altercation one does not get any..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 308 -- Delay in lodging FIR - Rape case - FIR lodged after seventh day from date of incident - Mother of victim/informant was not present in the house at the relevant time being gone to her relatives and came back next day after being informed - Victim was admitted in the hospital next day..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 506 -- Delay in lodging FIR - Rape case - Long silence regarding alleged occurrence of prosecutrix and her husband both of whom were well educated creates doubt regarding prosecution story, particularly when explanation put forth by prosecution regarding delay in lodging FIR are not appealing..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g) -- Delay in lodging FIR - Gang rape - FIR lodged after delay of 14 days - Incident was narrated to police and panchayat members - However, none of said functionaries considered it necessary to forthwith set law into motion - Only medical officers noted incident of gang rape in hospital..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Prosecutrix was forcibly violated by her uncle-in-law - She rushed to local Panchayat office in self same night but was turned away on plea that member were busy in meeting - Next day, prosecutrix went to police station but no complaint was received, as she was..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of one month in lodging FIR - Prompt lodging of report to police is desirable in a cognizable case - There is gross delay in reporting matter to police - Even no explanation given for such delay - Prosecution story thus, suffers a sever jolt for that reason alone...........
Indian Penal Code, 1860, Section 376(1), 450 -- Rape - Sole testimony of prosecutrix - Material contradictions found in testimony of prosecutrix - Even the manner in which alleged incident has taken place as per version of prosecutrix is not believable - Medical report and FSL report does not support case of prosecution - Land dispute between parties is going on - There is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4 -- Delay in lodging FIR - Rape - Victim was 14 years old at the time of incident - It is natural that her reaction and response as far as information of said incident to her mother is concerned, could not be reported immediately - Evidence on record shows that..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Delay in lodging FIR - Rape case - FIR lodged after five days of incident - Sister of prosecutrix and her friend offered an explanation which is plausible one that families of accused and co-accused..........
