Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Penetrative sexual assault by penetrating penis into the vagina as defined u/s 3 of POCSO Act, is nothing but rape as defined u/s 376 IPC - If rape as defined u/s 375 IPC is committed as a child, it is an offence u/s 4 of POCSO Act...........
Indian Penal Code, 1860, Section 376 -- Rape of 11 years old minor girl - Medical evidence - Merely because hymen of prosecutrix found intact does not render the prosecution case doubtful, particularly when insertion of penis into vagina of prosecutrix is partial - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 6 -- Rape of 11 years old minor girl - Hearsay evidence - Prosecutrix stated that PW3 came to the occurrence and rescued her - She told the entire occurrence to PW3 - Evidence of prosecutrix and PW3 squarely fall within the ambit of S.6 of the Evidence Act and the evidence of PW3 is not hit by hearsay rule...........
Criminal Procedure Code, 1973, Section 222, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Non-framing of charge u/s 376 IPC - Rape as defined u/s 375 IPC and penetrative sexual assault by penis into vagina u/s 4 of the POCSO Act have got all common ingredients - Conviction of accused u/s 4 of POCSO Act therefore..........
Indian Penal Code, 1860, Section 376 -- Rape - Minimum sentence - Though minimum sentence provided for the offence u/s 376(1) IPC is not less than 7 years, however, for adequate and special reasons in law, lesser punishment which may be less than 7 years may also be imposed...........
Indian Penal Code, 1860, Section 376, 377 -- Rape of 11 years old girl - Unnatural offence - Quantum of punishment - Accused was hardly 31 years of age at the time of incident - He has been in jail since his arrest - It is not reported that accused had an bad antecedents and after the occurrence also, he repeated any such crime - There are lot of chances for reformation -..........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - Cruelty - Cause of death was not certain - Defence contended that deceased died due to snake bite - However, dead body of deceased exhumed 14 days after her death and postmortem not yielded any results as to cause of death - It is thus uncertain that whether there was a snake bite or there was ill treatment..........
Indian Penal Code, 1860, Section 365, 342, 323, 467, 465, 147, 149, 506 -- Offence u/ss 365, 342, 323, 467, 465, 147, 149, 506 IPC - Quashing of FIR - Compromise - Dispute between parties amicably resolved by entering into compromise wherein complainant stated that he has no objection if FIR against petitioner is quashed - It is thus, a fit case where there is no legal..........
Indian Penal Code, 1860, Section 302, 34, 364, 201, Evidence Act, 1872, Section 30 -- Murder - Circumstantial evidence - Extra judicial confession of co-accused, who is tried separately before JJ Board - Cannot be read against accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34, 364, 201 -- Murder - Circumstantial evidence - Motive and Last seen evidence - By itself is a weak nature of evidence and cannot be made sole basis of conviction, although it may be taken as additional circumstance to lend credence to evidence of prosecution otherwise on record...........
