Evidence Act, 1872, Section 118, Indian Penal Code, 1860, Section 376, 506 -- Testimonies of child witnesses/victims - Rape of minor girls in Anganwadi center - Victim stated the entire occurrence - She understands the meaning thereof and is categorical about such fact - Veracity of statement of victim no.1 is sought to be impeached in cross-examination part of her..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Rape case - Provision of S.154 Cr.P.C is mandatory in nature - FIR in question not written as per provision of S.154 Cr.P.C - Compliant itself which was registered as FIR is ante dated - No explanation as to what was occasion for not lodging FIR and in making correction in date on complaint - Prosecution also failed to..........
Indian Penal Code, 1860, Section 376D, 323 -- Rape - Prosecution improved its case after lodging FIR as per statement of prosecutrix, medical report and statement of father and maternal uncle of prosecutrix - Complaint lodged after 2 days of alleged incident by prosecutrix herself mentioning all details of accused and her statement recorded after 13 days - Statement of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 506 -- Anticipatory bail - Kidnapping and rape - FIR filed as counter blast to complaint made by petitioner against some police officials - There was dispute between petitioner and complainant with regard to dishonour of certain cheques to which petitioner filed complaint u/s 138 of N.I..........
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
Indian Penal Code, 1860, Section 376(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Rape of Scheduled Tribe woman - Prosecutrix became pregnant and gave birth to child due to alleged incident of rape - She was not proved to be below 16 years of age at the time of occurrence - FIR lodged 2 months after taking birth of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Kidnapping and rape case - Prosecutrix changing her statement and naming different persons at different stages - Only one accused was involved in the crime and no challan was..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Delay of one day in reporting matter to police after missing of prosecutrix, is fatal to prosecution case, particularly when father of prosecutrix was a helper of Police Department, and there is no explanation as to why matter was reported so late to police...........
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape of 9 years old girl - Prosecutrix narrated entire incident of rape to her aunt and thereafter to her mother - Statement of prosecutrix recorded u/s 164 Cr.P.C duly corroborated by statements of PW2, PW3, PW4 - PW2 and PW4 noticed blood stains on clothes of..........
Indian Penal Code, 1860, Section 323, 452, 506, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Offence u/ss 323, 452, 506, 34 IPC and S.3(1)(xi) of SC/ST - It is not proved on record that accused persons used derogatory words against prosecutrix with intention to defame and insult her - It is also not proved on record..........
