Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor girl - Determination of age - Prosecutrix transferred from another school but name of original school was not mentioned - When in the certificate name of original school from which student was transferred is not mentioned then such..........
Indian Penal Code, 1860, Section 376, 450 -- Rape of married woman by Sarpanch of village - Testimony of prosecutrix was perfectly reliable and fully corroborated by medical evidence - Accused himself not denied that he was caught hold by two witnesses just outside prosecutrix's house and no explanation given for the same - Medical reports indicates bruises on breasts of..........
Indian Penal Code, 1860, Section 376, 450 -- Rape of married woman by Sarpanch of village - Quantum of sentence - Minimum sentence provided for offence u/s 376 IPC is 7 years and maximum sentence is 10 years or life imprisonment - Though trial Court while awarding life imprisonment of accused opined that maximum sentence of life is awarded to accused, as he being Sarpanch..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - Birth certificate produced by Head Master of Government Middle School is not admissible into evidence, as it does not establish actual age of prosecutrix - It was mandatory for prosecution to produce primary school certificate as well as..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix categorically stated that she performed marriage with accused and only thereafter they developed physical relations being husband and wife - Offence of rape thus, not established...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Marriage between prosecutrix and accused - Prosecutrix categorically stated that neither accused had kidnapped her nor committed sexual intercourse with her prior to her marriage - She was medico legally examined after 9 days of her marriage - In these..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was below 16 years of age at the time of incident - Accused admitted that he took away prosecutrix, lived with her for a month and during that period he entered into sexual relationship with her - Though accused stated that prosecutrix consented for sexual relationship, however, since the..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Reduction of default sentence - Accused almost completed his substantive sentence - However, accused requested that default sentence is too excessive and same may be reduced - Default sentence in lieu of fine for offence u/s 376 IPC held, reduced from 1 year to 4 months and for offence u/s 366 IPC from..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(f) -- Kidnapping and rape of 5 years old minor girl - Death sentence - Only circumstantial evidence against accused - Accused has become victim of his own past - It is thus, proper to impose sentence of total 25 years of imprisonment - Death sentence set aside...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Kidnapping and rape - All important PWs including prosecutrix and her parents turned hostile and not supported prosecution case - It is thus, just and proper to grant bail to accused - Bail application..........
