Indian Penal Code, 1860, Section 376 -- Rape - Onus is always on prosecution to prove each ingredient of offence alleged against accused and such onus never shifts on accused...........
Indian Penal Code, 1860, Section 376 -- Sole testimony of prosecutrix - Rape - Conviction can be based on sole testimony of victim of sexual assault without corroboration from any other evidence - Corroboration as a condition or judicial reliance on testimony of victim is not a requirement of law but a guidance to prudence under given circumstances...........
Indian Penal Code, 1860, Section 365, 366, 376, 307, 344, 34 -- Kidnapping and rape - Medical evidence not established that it was accused who is primarily responsible for committing rape and penetrative sexual assault on prosecutrix - Inconsistencies and discrepancies found in statement of prosecutrix, which makes case of prosecution fabricated and unreliable - Entire..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Prosecutrix was undergoing period of menstruation at the time of incident - Plea of consent thus, not tenable, as factum of menstruation of prosecutrix heavily stands on way of entertaining plea unless of course evidence on record being examined from all angles go to show all the circumstances of wilful and voluntary..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix as to role of accused practically remained unshaken and no other circumstance appears therefrom or from other evidence to doubt her testimony - Prosecutrix undergoing period of menstruation at the time of incident - Testimony of prosecutrix is reliable and trustworthy - Prosecution proved its case -..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death penalty - Mitigating factor - Post conviction severe mental illness is a mitigating factor that appellate Court in appropriate cases, needs to consider while sentencing an accused to death penalty...........
Indian Penal Code, 1860, Section 363, 376, 302, 201, 84 -- Kidnapping, rape and murder of two minor girls - Death sentence - Mitigating factor - Post conviction severe mental illness - Accused after committing rape and murder of victims threw body of victim No.2 into well and concealed body of victim No.1 - He has been reeling under bouts of some form of mental..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 387, 420, 506, 34 -- Bail - Rape - Admittedly, complainant is a grown up mature lady and had volunteered into this relationship over a long period of time - Culpability, if any, shall be determined at the trial which is not likely to conclude in the near future - Petitioner is behind bars..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Petitioner and prosecutrix knew each other since 2015 and allegation is that petitioner established physical relations with prosecutrix on the plea that he will marry her - However, said fact is to be established during trial - Moreover, it is not the case where sexual..........
Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3 -- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........
