Indian Penal Code, 1860, Section 363, 366A, 376, 344 -- Kidnapping and rape - Prosecutrix was 18 years of age at the relevant time - She was recovered after a period of 4 months - Medical report does not support prosecution case as to rape - No injuries were found on the body of prosecutrix - There was no other person admittedly with accused either in the act of kidnapping..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Prosecutrix was 17 years and 7 months old on the date of incident - She never stated that accused sexually assaulted or raped her - Even, medical report of prosecutrix opined that there were no internal or external injuries on body of prosecutrix and no..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appeal against conviction - Appreciation of evidence - Prosecution failed to prove case against accused beyond reasonable doubt due to following reasons : (i) prosecutrix not examined by doctor after alleged incident; (ii) in absence of any medical examination done, prosecution not examined any..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 417, 376 -- Discharge - Cheating - Rape - False promise of marriage - Prosecutrix is a married woman and mother of a daughter, gave consent for physical relation with accused on promise and assurance to marry her and due to such promise she gave kulla talaque to her erstwhile husband to marry..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Bail - Abduction and rape - Prosecutrix is major and married lady and she lived with accused for about 3 to 4 years as per own free will - Relations between prosecutrix and accused were..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Test Identification Parade (TIP) - Murder of five persons, robbery and rape of one lady - Dummies resembling accused has to be selected by Special Executive Magistrate who conducts TI parade - However, dummy persons were selected by police - No statement that..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Identification of accused - Accused were Marathi speaking - However, PW8 stated that culprits had spoken with him in Hindi - Therefore, if accused were to speak with victims they would have spoken in Marathi and not in Hindi - There is..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Forensic evidence - No forensic evidence is on record which corroborates the prosecution case - DNA samples were collected during investigation and in fact sent for DNA analysis, but prosecution never presented report to Court - No public..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Recovery of white metal silver chain - No stolen property found or recovered from any of accused except broken white metal chain, though prosecution alleged that many things were stolen - Recovery of white metal silver chain without any..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Defective investigation - Prosecution suppressed the material fact from Court - PW8 immediately after incident identified four persons from album of photographs of notorious criminals - Nothing on record whether those four persons who were..........
