Indian Penal Code, 1860, Section 376, 506(i), 450 -- Rape - Testimony of prosecutrix - Prosecutrix instead of informing the occurrence to her parents informed the same to A-2, which is unusual - Though prosecutrix able to depose that accused is known person to her but she informed the doctor that offence committed against her is by an unknown person - More so, no reason..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354 -- Rape - Anticipatory bail - Allegation by prosecutrix-teacher that petitioner-school owner ravished her on various occasions - Innumerable criminal and civil litigation pending between management of school and its staff members - FIR registered on the very day when services of..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - False pretext of marriage - Prosecutrix is a grown up married woman with two kids - As per her own stand she remained in relationship with petitioner for more than one and a half years and had been carrying on physical relations with petitioner - Debatable issue having arisen..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 506, 120B, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Offences u/ss 363, 366-A, 376, 506, 120-B IPC and Ss.3, 4 POCSO Act - Perusal of FIR does not depict any role to petitioner in commission of offence - Petitioner is behind bars and that..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Sexual assault - Court cannot convict accused for offence under IPC and POCSO Act at the same time - Special Law would prevail over general law - Since offence would be covered under POCSO Act, conviction under IPC cannot be sustained - Conviction of accused u/s 376..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 342 -- Rape and murder - Death sentence - Rarest of rare case - Deceased was last seen in the company of accused - Dead body of deceased found in the house of accused - Medical evidence corroborated the prosecution version - Prosecution proved its case - Accused rightly convicted - However, case does not fall in the category..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused has no criminal history - No blameworthy conduct depicted by accused in jail - Case does not fall in category of rarest of rare cases - It would be in interest of justice if death sentence is commuted to life imprisonment - Life imprisonment should be with a cap of 20 year R.I, which..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Medical evidence adduced on record by prosecution does not indicate towards sexual intercourse, if, any committed by accused - Even, contradictions suggests that story put forth by prosecution is not at all trustworthy and at no point of time prosecutrix was subjected..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix complaining of having been victim of offence of rape is not an accomplice after the crime - There is no rule of law that her testimony cannot be acted upon without corroboration in material particulars...........
Indian Penal Code, 1860, Section 363, 376, 506(II) -- Kidnapping and rape - Love affair between parties - Accused and prosecutrix knew each other - Prosecutrix admitted everything and there is nothing which goes against accused - PWs admitted that prosecutrix knew accused prior to date of incident - Prosecutrix did not mention her exact date of birth on oath while..........
