Indian Penal Code, 1860, Section 376, 341 -- Rape - Prosecutrix was 60 years old at the time of incident while accused was aged 17-18 years - Doctor who examined prosecutrix specifically stated that nothing was found to show that prosecutrix was subjected to sexual intercourse - Prosecutrix stated that her sari was torn in the incident but said sari was not produced before..........
Criminal Procedure Code, 1973, Section 53, Indian Penal Code, 1860, Section 376, 317 -- DNA profiling test - Rape - Cheating - There is no legal bar for directing examination of accused by a medical practitioner at the request of police officer particularly for the purpose of DNA profiling test in the course of investigation for offences punishable u/ss 376 & 417 IPC -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix herself had filed a writ petition before High Court with her affidavit attached to it in which she clearly stated that she is major and has performed marriage with accused on her own will - Besides it, while travelling from one place to another overnight by train with accused, prosecutrix..........
Indian Penal Code, 1860, Section 376, 302, 307 -- Rape - Accused committed rape on minor girl and also committed murder of her brother with aruval - Accused thereafter inflicted injuries on another minor girl who had seen the occurrence - Motive of accused was not to commit murder but to satisfy his lust otherwise he could have killed all of them - Courts below held that..........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 3-1/2 years old - Appeal against acquittal - Prosecutrix identified accused as the person who ravished her and described the sufficient detail of incident of rape - No worthwhile cross-examination by accused - Testimony of prosecutrix is reliable and corroborated by presence of blood of prosecutrix on the..........
Indian Penal Code, 1860, Section 376, Medical Council of India Act, 1956 - - Rape victim - Termination of pregnancy - Permission of Court is not required - Pregnancy can be terminated at the nearest Government hospital when a request is made by rape victim or guardian in case of minor rape victim...........
Indian Penal Code, 1860, Section 376, Medical Council of India Act, 1956 - - Rape - Termination of pregnancy - Pregnancy of rape victim can be terminated when there is request of rape victim or her guardian when she is minor - There is no need to seek permission from Court - When prosecution of accused is pending then hospital may also preserve the tissue of foetus and..........
Indian Penal Code, 1860, Section 376, 342, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge - Prosecution of petitioners at the instance of prosecutrix completely malicious and malafide - Story set up by prosecutrix bereft of truth and appears to be false, improbable and unnatural - Prosecutrix did not come ahead to give her blood samples for DNA in..........
Indian Penal Code, 1860, Section 376 -- Rape - Circumstances taken as a whole create doubt about correctness of the prosecution version - Accused acquitted...........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Absence of injuries or absence of raising alarm or delay in FIR may not by itself be enough to disbelieve the version of prosecutrix, in view of, statutory presumption u/s 114-A of Evidence Act but if such statement has inherent infirmities, creating doubt about its veracity, the same may not be acted upon - In the..........
