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..........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
Indian Penal Code, 1860, Section 363, 366, 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and gang rape - Testimony of victim - Victim is 13 years of age - Medical report does not support commission of offence of gang rape upon minor victim - She is not consistent in implicating accused and at different stages separate set of..........
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..........
