Indian Penal Code, 1860, Section 376, 452 -- Rape - Allegation that accused fled away by jumping the wall of house of prosecutrix on making hue and cry by prosecutrix - However, accused is handicapped by one leg, thus allegation not proved - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 452 -- Rape - FIR is written and lodged by husband of prosecutrix u/ss 452, 376/511 IPC - As per prosecution case, accused only tried to commit rape - However, later on, prosecutrix stated in her statements that accused succeeded in committing rape - Medical examination of prosecutrix does not support version of prosecutrix - Though..........
Indian Penal Code, 1860, Section 376, 504, 506 -- Rape - FIR of case lodged belatedly - Testimony of prosecutrix was not believed by Sessions Judge - No alarm raised by prosecutrix during crime - Medical evidence goes to show that there was no external injuries - Spermatozoa which belong to accused was not present in vaginal swab - Prosecution failed to prove its case -..........
Indian Penal Code, 1860, Section 376 -- Rape of 7 years old girl - Reduction of sentence - Victim stated that accused committed bad act with her on the roof of house in the night - However, no opinion regarding rape could be given by doctor - Accused is languishing in jail for last more than 12 years - Since accused has already served 12 years in jail, ends of justice will..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations made in FIR had an overwhelming and predominating civil flavor - Complainant already settled his score with main accused against whom proceedings have already been closed - There remains no justification to continue proceedings against..........
Indian Penal Code, 1860, Section 304B, 34, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence Act - General and omnibus allegations regarding demand of Rs.1 lakh have been levelled by family members of deceased - No specific date, time or place has been mentioned by witnesses regarding demand of dowry or cruelty - During life time of..........
Indian Penal Code, 1860, Section 302 -- Murder - Two different versions - One in dying declaration and another in FIR - Projection of two different versions by prosecution of the same occurrence having material differences with regard to time of occurrence, manner of occurrence and persons who allegedly committed the crime in question - Prosecution unable to answer as to..........
Indian Penal Code, 1860, Section 376, 376D -- Nature of offence - Rape or Gang rape - Accused had physical relationship with prosecutrix on more than one occasion and same was disclosed to her parents only when they had noticed her to be pregnant - Prosecutrix refers to incident on the day she was said to have been taken away by all accused - However, there is no evidence..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - There is no supporting evidence except vague statement of prosecutrix in her evidence that whenever she shouted when he had attempted to have sexual acts with her, accused threatened her not to say anything to anyone, as otherwise he would kill her - No other statement or evidence relating to the incident or the..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Accused has no criminal antecedents - He is a father of five children and his eldest son is more than 18 years - There is no reason to apprehend that accused would indulge in similar acts in future - Sentence of 7 years held, sufficient..........
