Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Age - Bone ossification test - Opines ages 15-17 years - Inclination of Court should be towards considering lower side on the margin of error - It cannot be intention of POCSO Act to treat victim who is borderline minor, as a major in case victim does not..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Hymen tear - Even slightest form of penetration is sufficient to constitute offence of penetrative assault - It is not necessary that there has to be some injury on genitalia or any other part of prosecutrix's body...........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Right of accused and identity of underwear - Not objecting to identity of underwear was a valuable right accrued to accused which could not be given away by amicus...........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Emission of semen - DNA - Semen of accused found on underwear of prosecutrix is sufficient to prove guilt of accused in commission of offence - DNA profile also stating that DNA profiles generated from Blood sample of accused are similar with DNA profiles..........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in FIR - Prosecutrix was dropped of at employer's house on 27.05.2013 and complaint made on 28.05.2013 - Delay in filing FIR cannot be given weightage...........
Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375 -- Rape - Conviction of accused No.2 i.e maternal aunt - No motive is established as to why prosecutrix would falsely implicate maternal aunt - Statement of prosecutrix is of sterling quality - Combined evidence of prosecution lays down foundation facts which disclose..........
Criminal Procedure Code, 1973, Section 196, Indian Penal Code, 1860, Section 295A -- Sanction for prosecution - Offence u/s 295-A IPC - No sanction has been given in accordance with S.196 Cr.P.C - Order taking cognizance and summoning of applicant to face trial for commission of offence u/s 295-A IPC without obtaining mandatory sanction as provided u/s 196 Cr.P.C. is not..........
Indian Penal Code, 1860, Section 376 -- Rape - Compromise - Victim has recorded a compromise within sixteen days of lodging of an FIR and she states that her allegations were in a fit of anger - Such change of versions ought not to be encouraged by Court - Quashing of FIR for allegations of rape on the basis of compromise rejected...........
Indian Penal Code, 1860, Section 376 -- Rape - Complainant turning hostile - Courts to direct prosecution to initiate proceedings u/s 182 IPC where complainant turns hostile in Court or direct administration to initiate disciplinary action against police authority for submitting frivolous charge sheets in Courts...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304A -- Bail - Rash and negligent driving - Accused who is doctor by profession, drove his car after consuming alcohol causing an accident which resulted in death of a person, a pregnant woman suffering miscarriage coupled with injuries to several persons - Argument with regard to vehicle getting..........
