Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
Indian Penal Code, 1860, Section 376(2)(n), 377, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Both parties had knowledge that they were married to some other spouse earlier - Before obtaining a divorce complainant gave a matrimonial advertisement and before finalization of divorce had sexual relationship and never complained of any..........
Indian Penal Code, 1860, Section 376 -- Rape - Non-examination of mother of prosecutrix and one `G' - When the evidence and material witnesses have clearly proved involvement of accused in commission of crime, accused cannot derive any benefit for non examination of mother of prosecutrix and one `G' who had also arrived at the place of occurrence...........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Indian Penal Code, 1860, Section 375Exception, 2, 376 -- Rape - Sexual intercourse by a man with his own wife would not constitute the offence of rape, if she is above 15 years of age...........
Indian Penal Code, 1860, Section 375Exception, 2, 376, Special Marriage Act, 1954, Section 5 -- Rape - Marriage registered under Special Marriage Act - Allegation of rape after about two months of marriage - Photographs show marriage with mutual consent - Prosecutrix was above 18 years - On these facts, no prima facie case constituting any offence is made out...........
Indian Penal Code, 1860, Section 376, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(xii) -- Rape - Prosecutrix has positively identified accused and has unequivocally stated that it was he who forced himself upon her - Not even a shred of doubt could be created by cross-examination of said facts - Neither testimony of mother nor..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix - Conviction can rest on solitary version of prosecutrix provided it inspires confidence of Court...........
Indian Penal Code, 1860, Section 376(2)(G), 506 -- Rape - Sole testimony of prosecutrix - Prosecutrix did not disclose the incident to anybody, neither friends nor family and not even her husband and same was disclosed to stranger woman after three months, who was never produced before Court - Defence of prior enmity between parties not properly considered by Courts below..........
Indian Penal Code, 1860, Section 376(2)(n), 506, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Rape - False promise of marriage - Quashing of FIR - Prosecutrix is a married lady having two children and she was not divorced from her husband or even separated from him - Neither inducement nor threat and no possibility of a deception luring complainant into a..........
