Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(n), 376(2)(j), 376(2)(m), 376A, 302, 201 -- Kidnapping, rape and murder of 13 years old girl - Circumstantial evidence - Death sentence - Case does not fall under rarest of rare case due to residual doubts as follows: (i) Crucial witness of last seen theory is partly inconsistent in cross-examination and quickly..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Appeal against acquittal - Prosecutrix in her testimony unequivocally stated that she went of her own - Merely because accused with other two persons was last seen together would itself not be sufficient to convict accused - Key witness of the case turned hostile - Moreover, no evidence on record that prosecutrix..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecution failed to lead any documentary evidence to prove the age of victim - Doctor who medically examined victim gave an opinion that she was between 16-17 years of age with a permissible variation of two years on higher side - Doctor also opined that victim had not been subjected to rape - Story..........
Indian Penal Code, 1860, Section 363, 366, 376, 506 -- Kidnapping and rape - Acquittal - Photographs on record indicate to be taken without any resistance of prosecutrix or threat from accused - Prosecutrix in those photographs is shown bearing marriage bangles and having vermilion on her forehead - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Abducting women in order to compel her for marriage - Rape - Prosecutrix is the main witness to prove culpability of accused for offence of rape - Prosecutrix deposed that she voluntarily accompanied the accused as she has developed friendly relationship with him - Prosecutrix also deposed that she performed marriage with..........
Indian Penal Code, 1860, Section 363, 366, 376, 114 -- Kidnapping & rape - Appeal against acquittal - Acquittal upheld - Prosecution failed to prove that age of prosecutrix was 14 years on date of incident and even parents of prosecutrix also failed to give any satisfactory explanation regarding age of prosecutrix - No material on record to show that on date of alleged..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecution failed to prove age of prosecutrix - Medical evidence shows that there is no injury on body of prosecutrix - Prosecutrix found habituated to sexual intercourse - Moreover, prosecutrix herself admitted her love affair with accused and totally denied the fact of rape while she was examined..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Consent - Proof - Accused alleged to have kidnapped prosecutrix and then committed rape on her - Testimony of prosecutrix shows that she was in contact of accused prior to incident and used to frequently meet and indulge into sexual intercourse with accused - Though prosecutrix was taken to different..........
Indian Penal Code, 1860, Section 363, 366, 376, 368, Criminal Procedure Code, 1973, Section 311 -- Appeal against acquittal - Abduction and rape - Age of girl - If police fails to perform its duty and prosecution also does not perform its duty properly, then High Court cannot shut its eyes and turn a blind eye to the errors committed by the police and the prosecution - To..........
Indian Penal Code, 1860, Section 363, 366, 376, 120B -- Prosecutrix pregnant for eleven weeks - Prosecutrix held to be major - Prosecutrix remaining in company of rapist at several places and for a period of more than two months at one particular place - Accused a Hindu but prosecutrix a Muslim - Possibility of false case cannot be ruled out - Acquittal upheld...........
