Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Age of victim - When there is specific evidence with regard to age of victim in form of school register, said evidence cannot be brushed aside merely because some contentions were raised with regard to age of victim - Moreover, opportunity was available to defence regarding ossification test, which has not..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Consent of victim being minor not relevant - Plea that victim voluntarily accompanied accused not accepted - Victim attained age of discretion is also misconceived in light of provisions of Ss.363, 366 IPC - Accused rightly convicted...........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Reduction of sentence - Consent of victim though not relevant for purpose of offence but can be considered for purpose of sentence - Sentence imposed on accused thus reduced from 7 years R.I to 5 years R.I u/s 376 IPC - However, sentence u/s 363 maintained - Both sentences shall run concurrently...........
Indian Penal Code, 1860, Section 307, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 307, 34 IPC - Compromise - Quashing of FIR - FIR discloses commission of cognizable offence - Case cannot be compromised and quashed, as case is against public policy and administration of criminal justice system - Considering the nature of allegation, it is necessary to..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay in lodging FIR - Parents of prosecutrix were not present when incident took place - FIR lodged immediately after return of parents of prosecutrix - Delay sufficiently explained - Prosecution case cannot be doubted on account of delayed FIR...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix was less than 16 years at the time of occurrence - Statement of prosecutrix that she was subjected to forcible intercourse by accused found to be true and trustworthy - Merely because no injuries were found on the body of prosecutrix and no blood and semen was detected on the wearing apparels of prosecutrix, does..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Accused a married man having children - He has spoiled the life of a young girl taking advantage of her simplicity - Sentence of 7 years R.I with payment of fine of Rs.5,000, in default to undergone R.I for 6 months is legal and proper...........
Indian Penal Code, 1860, Section 302, 120B, 201, Evidence Act, 1872, Section 3 -- Murder - Proof of - Presumption of innocence - A dead body reduced to skeleton, recovered from septic tank of house - Post mortem report stated death was about two and a half month prior - Evidence on record established that all accused had knowledge of deceased being killed - But no..........
Indian Penal Code, 1860, Section 279, 341, 147, 149, 336, 290, 510, 506, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving by consuming alcohol - Identity of accused - Complainant not knowing the names of accused persons - PW6 stated that 5-6 persons were sitting in the van and neither he told the names of accused nor he recognized them - Identity of..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased committed suicide by consuming poison - Marriage of deceased with accused solemnized in 1995 and incident occurred in 2004 - No complaint was ever made by complainant with police or panchayat or other relations - Prosecution has not led tangible evidence to prove that accused had treated..........
