Indian Penal Code, 1860, Section 376, 354D -- Rape of married woman - Testimony of prosecutrix - Prosecutrix made several allegations against accused which were not made in her initial complaint - Significant improvements were apparent in statement of prosecutrix recorded u/s 164 Cr.P.C - Mobile phone of accused was seized and examined and it did not reveal any offending..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix and her mother not supported prosecution case - FIR lodged after 6 months of incident - Prosecutrix stated that she filed the complaint at the instance of her brother and sister - Doctor stated that prosecutrix has given history of rape being committed on her before 5 to 6 months, but she..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(wi), 3(2)(VA) -- Bail - Kidnapping and rape - Prosecutrix stated in her statement recorded u/s 161 Cr.P.C that she went with accused of her own will and accused had not done anything wrong with..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Delay in lodging FIR - Rape case - FIR lodged after five days of incident - Sister of prosecutrix and her friend offered an explanation which is plausible one that families of accused and co-accused..........
Indian Penal Code, 1860, Section 376(2)(i)(j), 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17, 3, 4 -- Rape of 13 years old girl - Abetment - Prosecutrix proves to be child within meaning of S.2(1) of POCSO Act - Accused intentionally extended aid to co-accused to commit rape on prosecutrix as per evidence of PWs - When prosecutrix was pushed..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim herself followed accused and went with him in a public transport - No objection made by victim at any point of time - FIR lodged after gross and undue delay of 20 days for which no explanation is forthcoming - Omission in belated FIR that accused subjected to victim to sexual assault is far too significant to be..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of eye witnesses - Eye witnesses PW3 & PW4 reached place of occurrence simultaneously and there is discrepancy between their statements regarding manner of incident - Both the eye witnesses are closely related to prosecutrix, their testimony could be doubtful on this count also and they could give false..........
Indian Penal Code, 1860, Section 376, 511 -- Rape - Testimony of prosecutrix - Prosecutrix stated that when she was going to attend nature's call, accused `S' caught hold of her from behind and got her mouth gagged and accused and co-accused dragged her inside the sugarcane field and committed rape upon her one by one - When accused committed rape she got an opportunity to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 328, 376, 506 -- Bail - Offence u/ss 328, 376, 506 IPC - No doubt, prosecutrix was medico legally examined on same day of alleged occurrence and MLR findings are suggestive of the fact that prosecutrix had been sexually assaulted recently, but prosecutrix being a married lady and staying with her..........
Indian Penal Code, 1860, Section 363, 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Scientific evidence does not show finger of guilt towards accused - No fresh injury found on body of victim - Hymen of victim was old torn - Mere fact that medical evidence or scientific evidence does not show point of guilt towards..........
