Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375, Evidence Act, 1872, Section 65 -- Rape - Age - No birth certificate/school certificate - Secondary evidence - Bone ossification test done in another case to prove age of prosecutrix - Already on Court record (even though in another case) which is not disputed by..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Age - Bone ossification test - Opines ages 15-17 years - Inclination of Court should be towards considering lower side on the margin of error - It cannot be intention of POCSO Act to treat victim who is borderline minor, as a major in case victim does not..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Hymen tear - Even slightest form of penetration is sufficient to constitute offence of penetrative assault - It is not necessary that there has to be some injury on genitalia or any other part of prosecutrix's body...........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Right of accused and identity of underwear - Not objecting to identity of underwear was a valuable right accrued to accused which could not be given away by amicus...........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Emission of semen - DNA - Semen of accused found on underwear of prosecutrix is sufficient to prove guilt of accused in commission of offence - DNA profile also stating that DNA profiles generated from Blood sample of accused are similar with DNA profiles..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in FIR - Prosecutrix was dropped of at employer's house on 27.05.2013 and complaint made on 28.05.2013 - Delay in filing FIR cannot be given weightage...........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Conviction of accused No.2 i.e maternal aunt - No motive is established as to why prosecutrix would falsely implicate maternal aunt - Statement of prosecutrix is of sterling quality - Combined evidence of prosecution lays down foundation facts which disclose..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Putting new facts on record due to engagement/change of new counsel - Fault on the part of counsel or any other reason attributed to counsel cannot be ground for filing of amendment application and allow the same, which was filed after commencement of trial...........
Indian Penal Code, 1860, Section 376(2)(n), 342, 506, Protection of Children from Sexual Offences Act, 2012, Section 5(L), 6 -- Rape - Compromise - Accused and complainant have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - Moreover, when disputes have been settled by mutual compromise, then no useful..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While considering application for amendment, Court shall not go into merits of case - Primary object of Court is to see whether amendment is imperative for proper and effective adjudication and whether seeking amendment is bona fide or mala fide...........
