Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 3 -- Rape and murder of 3 year old girl - Death sentence - Based on circumstantial evidence - Ordinarily, it would not be advisable to award capital punishment in a case of circumstantial evidence - But there is no hard and fast rule that death sentence should not be awarded in a case of..........
Criminal Procedure Code, 1973, Section 53A, 54, Indian Penal Code, 1860, Section 376(2)(f), 377, 302 -- DNA profiling - Offence u/ss 376(2)(f), 377, 302 IPC - Where DNA profiling has not been done or it is held back from the trial Court, an adverse consequence would follow for the prosecution...........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302 -- Rape and murder of 3 year old girl - Death sentence - Sentence of death should be awarded only in the rarest of rare cases, only if an alternative option is unquestionably foreclosed and only after full consideration of all factors keeping in mind that a sentence of death is irrevocable and irretrievable upon..........
Indian Penal Code, 1860, Section 376(2)(f), 377, 302, Evidence Act, 1872, Section 114(g) -- Rape and murder of 3 year old girl - Reduction of sentence - Court did not take into consideration the probability of reformation, rehabilitation and social re-integration of accused into society - Even, no material or evidence was placed before the Courts to arrive at any..........
Indian Penal Code, 1860, Section 228A, 376, 376A, 376AB, 376B, 376C, 376D, 376E, Protection of Children from Sexual Offences Act, 2012, Section 33, 37 -- Disclosure of identity of victim - Rape victim or victims of sexual abuse - Death of victim or victim of unsound mind - Identity of said victim should not be disclosed even under authorization of next of kin, unless..........
Indian Penal Code, 1860, Section 228A, 376, 376A, 376AB, 376B, 376C, 376D, 376E, Protection of Children from Sexual Offences Act, 2012, Section 33, 37 -- Disclosure of identity of victim - Rape victim or victims of sexual abuse - FIR relating to offences u/ss 376, 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB or 376-E IPC and offences under POCSO shall not be put in..........
Indian Penal Code, 1860, Section 228A, 376, 376A, 376AB, 376B, 376C, 376D, 376E, Protection of Children from Sexual Offences Act, 2012, Section 33, 37 -- Disclosure of identity of victim - Rape victim or victims of sexual abuse - True identity of victims should not be disclosed, so that they are not subjected to unnecessary ridicule, social ostracisation and harassment -..........
Indian Penal Code, 1860, Section 376(2)(f), 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 12 -- Rape of minor girl - Two separate incidents on two different dates - Victim was raped by accused in her residence on the first incident and she sustained injury in her private part - Medical evidence corroborated said injury - However, said..........
Indian Penal Code, 1860, Section 376(2)(f), 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 12 -- Rape of minor girl - Quantum of sentence - Accused awarded life imprisonment for commission of offences in question - No factor to award maximum sentence indicated by Trial Court - Sentence of life imprisonment held, reduced to R.I of 10 years..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376,452 -- Bail - Rape - As per FSL report semen not detected on exhibits - No injuries reflected in MLR - Even, prosecutrix failed to appear in trial Court - No useful purpose would be served in keeping petitioner behind bars - Bail granted - However, petitioner directed not to return to..........
