Indian Penal Code, 1860, Section 376, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(xii) -- Rape - Prosecutrix has positively identified accused and has unequivocally stated that it was he who forced himself upon her - Not even a shred of doubt could be created by cross-examination of said facts - Neither testimony of mother nor..........
Indian Penal Code, 1860, Section 366A, 376(2), 354A(1)(i)(2), (D), Protection of Children from Sexual Offences Act, 2012, Section 4, 7, 8, 11(iii), 12 -- Kidnapping and rape - Victim admits that she is aged about 18 years - She has not stated anything about subjecting her for forcible sexual act and evidence of father of victim is nothing but hearsay - There is no medical..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix and her father suffers from material contradictions on vital aspects including manner of occurrence and alleged insertion of a stick, which strike at the very root of prosecution case - Medical evidence not establish commission of rape and admits possibility of injuries having been caused otherwise -..........
Indian Penal Code, 1860, Section 376, 354, 420, 504, 506, 34 -- Rape - Prosecutrix did not specifically state that she was subjected to forcible rape - Medical report shows no injuries on prosecutrix including her private parts - Even assuming that there was physical contact, it could only be treated as consensual and not as alleged by prosecution - Acquittal upheld...........
Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - FIR was lodged by victim's mother on the basis of information given by victim - Two witnesses have witnessed the alleged incident as per FIR but during course of trial they did not support prosecution version and turned hostile - Even victim herself did..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim was all over a consenting party and she was neither coxed nor forced to perform fornication - Evidence brought on record, particularly victim does not inspire confidence to hold the accused guilty for an offence of rape - Material brought on record has been very prudently discussed and examined by trial Court and no..........
Indian Penal Code, 1860, Section 366, 376(2)(i), 324, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape of 9 years old girl - Name of accused not mentioned in FIR - FIR was registered against unknown person - Incident took place in the night hours - Victim did not identify person who kidnapped her as it was dark and she could not..........
Indian Penal Code, 1860, Section 376 -- Rape - Independent witnesses have not supported prosecution case - Evidence of PWs 10, 11 and 12 is not consistent regarding filing of FIR - Violence of three witnesses also does not reveal why victim waited for so long, before making allegations against petitioner - Delay in lodging FIR not explained - Evidence of PWs 1 to 12 found..........
Indian Penal Code, 1860, Section 376(2)(1)(n), Protection of Children from Sexual Offences Act, 2012, Section 5(k)(1), 6, 17 -- Rape - Testimony of minor victim suffer from internal contradictions - Contradictions in testimonies of victim's parents regarding timing and knowledge of alleged incident are significant - Medical evidence shows that there were no injury marks,..........
Indian Penal Code, 1860, Section 363, 366, 376, 201, 34 -- Abduction and rape - Material contradiction in the statement of prosecutrix as to the date of commission of rape - Since accused `S' was not with prosecutrix in the night of incident when she was in the house of co-accused `C' and there is no allegation of rape against co-accused `C' in whose house she stayed on..........
