Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Prosecutrix was minor on the date of incident is proved on record - Accused kidnapped prosecutrix from lawful guardianship of her grandfather - Statement of prosecutrix that she was subjected to sexual assault by accused is duly corroborated by testimony of medical officer - Offence in question is made out..........
Indian Penal Code, 1860, Section 366A, 376(3), 376D(A), 120B, Protection of Children from Sexual Offences Act, 2012, Section 5(g), 6 -- Kidnapping and rape - Accused called prosecutrix on the pretext that her friend is calling her and when prosecutrix came out from her house, he said her friend is inside the neighbour's house - When prosecutrix entered in that house..........
Criminal Procedure Code, 1973, Section 216, 362, Indian Penal Code, 1860, Section 302, 376, 306 -- Alteration of charge from S.306 IPC to Ss.302, 376 IPC - Error or omission in framing charge was brought to notice of trial Court by de-facto complainant and accordingly charge was altered upon perusal of material which was overlooked - Alteration of charge is not barred by..........
Indian Penal Code, 1860, Section 376, 376(2), 384, 328, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Whatsapp messages - Reproduced in application - Complainant not denied the contents of all the Whatsapp chats reproduced in application - Prima facie, the messages/chats do not even remotely suggest that any such incident as alleged had happened or that..........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Non-production of child witness is of no consequence, as she was taken away at wee hours and was subjected to rape in a truck, chances of her recognizing accused are remote...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Merely because parents of child victim turned hostile and stated that victim was not having any injury mark, have no impact on prosecution case, particularly when medical evidence proves otherwise...........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Accused committed rape of 5 years old girl in a truck - Missing of girl was reported immediately to police and within three hours girl was recovered - Accused was arrested on the same day and on his information truck was seized - Mobile Unit of FSL inspected truck and..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Kidnapping and rape - Prosecutrix left the house on her own free will - FIR lodged after a delay of 3 days - Mother of prosecutrix stated that she saw her daughter leaving and she called her but prosecutrix walked away and accused followed her - Prosecutrix remained with accused for more than a month and has gone to..........
Indian Penal Code, 1860, Section 376, 328, 120B, 34 -- Rape - Allegation that husband of prosecutrix used to give her sedatives and permit accused to make physical relationship with her - Incident occurred when prosecutrix discovered accused lying beside her after she regained consciousness - However, no explanation given by prosecutrix as to why complaint was lodged after..........
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken..........
