Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 464, 228 - - Non-framing of charge u/s 376(2)(g) IPC - Evidence on record shows that prosecutrix was subjected to rape by both A-1 and A-2 - When evidence adduced by prosecution is clear that prosecutrix was subjected to rape by more than one person, act clearly falls within S.376..........
Indian Penal Code, 1860, Section 376(2)(g), 120B - - Reduction of sentence - A-1 at the time of incident was working as driver and A-2 was a singer having good reputation - Both accused were aged about 24-25 years and have no criminal antecedents and they hail from backward area - Even conduct of accused in jail was very good and satisfactory - Considering the facts and..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376(g), Protection of Children from Sexual Offences Act, 2012, Section 8 -- Cancellation of bail - Offence u/s 376(g) IPC and S.8 of POCSO Act - As per material on record including the case diary, medical report prima facie case is made out by prosecution - Taking into account the charges..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Reversal of order of conviction - Trial Court which found testimony of prosecutrix reliable being corroborated by her mother's evidence, medical evidence, FSL report and other circumstances viz. absence of motive for any false implication etc. - High Court erred in brushing aside the evidence of prosecutrix and reversing..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual physical relationship : (a) Manner in which prosecution alleges the incident to have taken place is highly unbelievable; (b) Hue and cry made by prosecutrix but not heard by neighbours who were admittedly present in and around the place of occurrence; (c) first information given by prosecutrix to police at 100..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape of minor girl - Common intention - Both accused entered house, forcibly dragged prosecutrix out and when accused was committing rape upon prosecutrix co-accused `M' was guarding the area - Though co-accused `M' has not committed rape but by virtue of S.376(2)(g) IPC he is guilty of offence as he has accompanied..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Where woman is raped by one or more of group of person acting in furtherance of their common intention each of person shall be deemed to have committed gang rape with the meaning of S.376(2)(g) - Act of gang rape has to be in furtherance of their common intention before deeming fiction of law..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Accused with co-accused took victim forcibly in car and one of accused committed offence of rape behind school - While victim was being raped by one, other persons did catch hold of her legs and hands - After said accused got his lust satisfied, did drop victim by side of road - All these..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape - No injury found on the private parts of prosecutrix - Hymen was found intact - Merely because scratch marks were found on chest of prosecutrix same may not have any connection with rape, because such injury was on her chest but not on her breast - Wearing apparels of prosecutrix alleged to be blood stained sent to FSL..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Unimpeachable evidence of prosecutrix that two accused committed sexual intercourse with her without her consent - Minor discrepancy or variation in evidence will not make version of prosecutrix doubtful - Age of prosecutrix at the time of incident below 18 years - Since prosecutrix has categorically said that..........
