Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Attempt to rape - Victim alleged the commission of rape in her statement before Court while in her statement before Magistrate no such claim was made - Medical evidence shows no external or internal injuries on the victim - Hymen of victim was found intact -..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor - Age of victim not proved - DNA profiling of child victim and that of accused did not match - Except DNA test not fortifying the prosecution case, no further investigation was taken up to establish the identity of perpetrator of offence - Victim failed..........
Indian Penal Code, 1860, Section 376 -- Rape - Incident occurred at a place which was being used to keep animal dung - However, no evidence led by prosecution to show that victim's clothes were stained with animal dung - PW1 and PW5 stated that victim had screamed during rape - But, in a colony where 100-200 people stayed and houses built close by, it is not possible that..........
Indian Penal Code, 1860, Section 376, 354A -- Rape of daughter-in-law by father-in-law - Version of prosecutrix does not appear to be free from doubts - Prosecutrix for unexplainable reasons had delayed the disclosure of material facts beyond reasonable limits - Prosecution had alleged that prosecutrix had disclosed entire details about her sexual exploitation to her one..........
Indian Penal Code, 1860, Section 376, 354A -- Rape of daughter-in-law by father-in-law - Version of prosecutrix does not appear to be free from doubts - Prosecutrix for unexplainable reasons had delayed the disclosure of material facts beyond reasonable limits - Prosecution had alleged that prosecutrix had disclosed entire details about her sexual exploitation to her one..........
Protection of Children from Sexual Offences Act, 2012, Section 6, 5(1), Indian Penal Code, 1860, Section 376 -- Rape - Child victim, 15 years of age at the time of incident, got married with the respondent and they only thereafter had physical relationship - Same cannot be termed as rape - Acquittal upheld...........
Indian Penal Code, 1860, Section 376(2)(D), 506, 34 -- Rape - Incriminating evidence not put to accused in their statement recorded u/s 313 Cr.P.C. - Same cannot be considered by Court - Judgment of acquittal set aside - Matter remanded...........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
Indian Penal Code, 1860, Section 354(D), 376(2)(N), 506 -- Rape - Acquittal - It is a case wherein the prosecutrix is unable to produce any document and herself giving in writing that she does not have any evidence to substantiate both the aforesaid allegations - Prosecutrix and the respondent No.2 were having love affair for around 6-7 years and they had a consensual..........
Indian Penal Code, 1860, Section 302, 341, 376, 448, Evidence Act, 1872, Section 32 -- Murder and rape - Acquittal - Dying declaration - Statement of the deceased discloses that the accused raped her and poured kerosene that she sustained the burn injuries, it resulted in death - Therefore, the statement of the deceased satisfies the conditions in S.32(1) of the Act about..........
