Indian Penal Code, 1860, Section 376 -- Rape - Corroboration is not sine qua non for conviction in a rape case, if evidence of prosecutrix does not suffer from any basic infirmity and `probabilities factor' does not render it unworthy of credence...........
Indian Penal Code, 1860, Section 376 -- Rape of nine years old girl by her cousin - Non-examination of aunt of prosecutrix - Accused is the son of aunt of prosecutrix - Nothing prevented accused to have examined his mother as his witness - Non-examination of aunt of prosecutrix cannot put against prosecution, in the light of evidence of prosecutrix and categorical findings..........
Indian Penal Code, 1860, Section 376 -- Rape of nine years old girl by her cousin - Prosecutrix was staying in her aunt house and was compelled to face the ordeal of sleeping with accused everyday night - Evidence of prosecutrix clearly established that accused was committing rape on her by penetration - Prosecutrix was reluctant to go back to house of her aunt and..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i)(l) -- Penetrative sexual assault on mentally retarded minor girl - Allegation levelled against accused of commission of sexual assault on mentally retarded victim stood corroborated from medical evidence - Evidence in the form of testimony of mother of victim,..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 376(2)(i)(l) -- Penetrative sexual assault on mentally retarded minor girl - Accused sentenced to undergo R.I of 15 years with fine of Rs.5000 u/s 6 of POCSO Act and in default of payment of fine to undergo 30 days S.I, which is upheld and merits no leniency - Trial Court..........
Indian Penal Code, 1860, Section 376, 506 -- Rape by father-in-law - Prosecutrix alleged that she was suffering from psychological disorder and accused being tantrik committed rape upon her while treating her when she was unconscious by administering `Dhuni' - However, no evidence on record to prove that prosecutrix fell ill and administered any treatment by accused -..........
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came..........
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..........
