Indian Penal Code, 1860, Section 376, 323 -- Rape - Testimony of victim - When the evidence of victim is convincing and medical evidence is corroborating with the version given by victim regarding the physical assault and also commission of rape, there is no necessity to seek corroboration from any independent witnesses - Conviction upheld...........
Protection of Children from Sexual Offences Act, 2012, Section 5(1), 5(m), 6, Indian Penal Code, 1860, Section 376(3), 376(2)(n) -- Aggravated penetrative sexual assault - Victim who was 10 years of age at the time of incident stated that accused repeatedly committed penetrative sexual assault on her - She was traumatized to such an extent that she had signs of mental..........
Indian Penal Code, 1860, Section 363, 366A, 365, 368, 376, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Kidnapping and rape - Compromise - Victim married with accused on her own accord and she is major - Their marriage is registered and they are living happily - No useful purpose to continue proceedings against accused - Offence compounded -..........
Indian Penal Code, 1860, Section 376 -- Rape - To constitute an offence of rape complete penetration of penis with emission of semen and rupture of hymen is not necessary...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(AB), 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Prosecutrix levelled specific allegation against accused of oral sex with her and that accused penetrated penis in her way of urine - She was about 12 years at the time of incident, therefore, at the..........
Indian Penal Code, 1860, Section 376 -- Rape - Refusal to marry - Prosecutrix was in relationship with accused - Contradictions and deviations are in the testimony of prosecutrix - Complaint filed by prosecutrix on refusal of accused to marry her - Prosecutrix went to several places along with accused and accepted gifts from him despite her aversion towards him - She..........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of injuries on the person of prosecutrix - By itself no ground to infer consent on the part of prosecutrix...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction cannot be based solely on the statements made by an accused u/s 313(1) Cr.P.C - Statements of accused cannot be considered in isolation but in conjunction with the evidence adduced by prosecution...........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix in her examination-in-chief that accused committed sexual intercourse with her was not shaken - Version of prosecutrix about the acts of forcible sexual intercourse by accused has been hardly tested in the cross-examination - Manner in which the prosecutrix was taken initially near the Nullah and after..........
Indian Penal Code, 1860, Section 376 -- Rape - Enhancement of sentence is not justified nearly 35 years after the incident in view of facts of the case - No interference warranted in the order of sentence...........
