Indian Penal Code, 1860, Section 376 -- Rape - No definite evidence that prosecutrix was below 16 years of age - There was a love affair developed between the two young members of opposite sex - Charge of rape cannot stick to the accused...........
Indian Penal Code, 1860, Section 376, 506 -- Reduction of sentence - Rape - Accused committed rape of his 2 daughters - Prosecutrix/ younger daughter clearly stating that his father has committed rape on her multiple times and same has been corroborated by medical evidence - But rape on elder daughter has not been proved by complainant wife who was having inimical terms..........
Indian Penal Code, 1860, Section Ss.376, 324, 34, 342 -- Conviction - Appeal against - High Court by a practically non reasoned order dismissed appeal - Manner in which appeal dealt with not a correct way to deal with appeal - High Court did not made an attempt to appreciate rival stand and to analyse evidence in its proper perspective - Impugned order of High Court set..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused came to the house of prosecutrix and laid her on the floor forcibly and broke the string of her salwar and raped her without her consent - Evidence of prosecutrix is not of that character which is enough to bring home the charge against the accused rather the evidence of the prosecutrix is artificial, and the story..........
Evidence Act, 1872, Section 21, Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 9 years girl - Extra judicial confession made before a close relative of deceased - Held, it is impossible to expect anybody to make an extra judicial confession to a close relative of deceased...........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 9 years girl - Special Report delivered to Magistrate after about 27 hours - Name of accused did not figure in FIR - Held, on cumulative analysis of facts a suspicion is cast on the prosecution case on account of delay in the communication of the special report to..........
Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 9 years girl - FSL report that no semen was detected in the vaginal swabs taken from the prosecutrix after the occurrence and that no semen was present on her `salwar' - Presence of semen on clothes of accused does not establish that he had committed rape on deceased - Conviction set aside...........
Indian Penal Code, 1860, Section 376(2)(g), Evidence Act, 1872, Section 137 -- Gang rape - Cross examination - Court must ensure that cross examination is not made a means of harassment or causing humiliation to the victim of crime...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - If evidence of prosecutrix inspires confidence, it must be relied upon without seeking corroboration of her statement in material particulars...........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape of lady aged 30 years - Omission to give certain details in statement made by prosecutrix to police - Not fatal to prosecution - Being a victim of rape she cannot be said to be a consenting party - Evidence that prosecutrix is a woman of easy virtue and was used to blackmailing persons not inspiring confidence since..........
