Indian Penal Code, 1860, Section 376, 354, 506, 34 -- Rape of minor girl by her own father - Victim aged about 14 years stated that her father/accused committed multiple times sexual intercourse since she was about 11 years of age - She became pregnant and her pregnancy was forcibly terminated by accused - DNA report establishing accused as father of unborn child -..........
Indian Penal Code, 1860, Section 376 -- Rape - In cases of rape, law does not require corroboration and therefore, if evidence of prosecutrix is believed, there is no bar to convict accused on her testimony alone...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 118 -- Competent witness - Offence u/s 376 IPC - Prosecutrix is considered as a competent witness vide S.118 of the Act...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 133, 114B, 114A -- Offence u/s 376 IPC - As prosecutrix is not an accomplice within the domain of S.133 of the Act therefore, her statement does not require corroboration within the meaning of Ss.114B, 114A of the Act...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Delay in FIR - Offence u/s 376 IPC - Delay per se is not a mitigating circumstance for accused when accusation of rape are involved...........
Indian Penal Code, 1860, Section 376(d), 506(2), 114, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Delay of 9 months in lodging FIR not satisfactorily explained - Even, DNA test confirms that none of the accused person are biological father of the child delivered by prosecutrix -..........
Indian Penal Code, 1860, Section 376(2)(f), 354 -- Rape of minor girl by her blind father - Prosecutrix has given detailed description of manner in which accused used to sexually assault her - Allegation of sexual assault go back to several years when she was only 6 years of age and sexual assault continued till she was 13-14 years of age - Complaint made to police when..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Determination of age of prosecutrix - Primary evidence on record shows date of birth of prosecutrix is 24.6.1998 - Prosecutrix was exploited somewhere in Nov/Dec 2013 - She at that time was therefore 15 years and 7-8 months..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Hostile statement of prosecutrix - Prosecutrix and her mother turned hostile, as accused is their close relative - However, prosecutrix admitted her signature on identification memo and also her statement recorded u/s 164..........
Indian Penal Code, 1860, Section 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of girl by her real uncle (Chacha) - Quantum of sentence - Prosecutrix was minor on the date of occurrence - She was subjected to sexual inter course thrice but she did not opt for apprizing her mother or anyone else in the family including her grandmother..........
