Indian Penal Code, 1860, Section 376 -- Rape - Acquittal - Appeal - Sessions Court acquitted accused on ground that there was no penetration and age of prosecutrix must have been above 16 years and there was consent to have sexual act - High Court affirming views of Sessions Court - Held, findings erroneous and incorrect - Evidence of doctors and family history showed age..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Prosecutrix and accused were relatives - Both were teenagers with an age difference of about 2-3 years - Evidence indicates no marks of violence at all on any part of body of prosecutrix - Incident happened in 1993 - After acquittal of accused, by passage of time, members of two families must have buried their..........
Hindu Marriage Act, 1955, Section 12, 13 -- Cruelty - Wife pregnant by some other person at the time of marriage - Said fact amounts to cruelty and mental agony to husband - Marriage between parties had broken immediately after marriage - Considering this fact and age of husband petition for annulment of marriage which was filed beyond one year of marriage converted into a..........
Will -- Suspicious circumstances - Will not produced for sanction of mutation for six years - Mutation sanctioned in favour of appellant but respondent did not challenge it - Will in original or copy thereof not produced alongwith plaint - No reason for exclusion of daughter/legal heir from her inheritance - Will drafted by someone in the village and not by a deed writer..........
Juvenile -- Murder - Trial alongwith other major accused persons - Conviction - Issue of age of juvenile accused raised for first time in appeal in Supreme Court - Conviction sustained - Sentence set aside...........
Evidence Act, 1872, Section 3 -- Evidence - Child witness - Abduction and murder of children - Testimony of girl aged about 11 years solely rejected on ground that it was not possible for a child of that age to remember what happened three years ago - Held, she had seen deceased last while they were playing together and later dead body of deceased was recovered - If so,..........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Factum sought to be proved from a report on examination of vaginal smear collected and said to confirm presence of semen and spermatozoa - Chemical report also showed that semen was detected in one of the under-skirts found on body of victim - But in chemical report it was specifically stated that dhoti of accused..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 45 -- Rape - Age of victim - Determination of - Age fixed by doctor only on basis of clinical examination - Ossification test or other pathological tests not performed - Held, assessment of age so made is based on fragile premises...........
Indian Penal Code, 1860, Section 376 -- Rape - Punishment - The measure of punishment in a case of rape cannot depend upon the social status of the victim or the accused - It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act - Crimes of violence upon women need to be severely dealt with -..........
Indian Penal Code, 1860, Section 375 -- Rape - Consent of prosecutrix - Inference of - Medical examination of prosecutrix delayed due to delay in filing FIR - Injuries suffered by prosecutrix were abrasions which would heal up within 2 to 3 days - Testimony of prosecutrix inspired confidence and also corroborated by other evidence on record - Prosecutrix just crossed 16..........
