Indian Penal Code, 1860, Section 363, 366, 376 -- Offence u/ss 363, 366 and 376 - Acquittal u/s 376 IPC - As offence u/ss 363, 366 is technical in nature as such a lenient view with regard to sentence is to be taken - Accused facing trial for the last more than 17 years - Appellant not indulged in any other criminal activity before or after registration of the case -..........
Indian Penal Code, 1860, Section 376, 363, 366 -- Rape - Age - Proof - Name in birth certificate mentioned as Sushma - Prosecutrix while appearing as a witness gave her name as Meena Rani alias Sushma-Seema - No challenge thrown to this fact in cross examination of the prosecutrix and her father - It cannot be said that trial Court wrongly held the certificate to be one..........
Indian Penal Code, 1860, Section 376, 363, 366 -- Rape - Age - Proof - Ossification test and school record showing age of prosecutrix below 16 yeas - Prosecutrix was incapable of giving consent - Conviction upheld...........
Indian Penal Code, 1860, Section 376, 363, 366 -- Rape - Conviction u/s 376 IPC - Accused faced trial for 14 years - Accused was 18 years at the time of commission of offence and now of 32 years - Sentence reduced from 7 years to 4 years...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Age of prosecutrix - School register - Entries in school register are not of much value unless there is evidence to show that on what material and at whose instance the date of birth was written in the school register - Original school register not produced - Fact of prosecutrix below 16 years not proved...........
Penal Code, 1860, Section 363,366,376 -- Rape - Appreciation of evidence - Prosecutrix aged about 14 years at the time of occurrence stated that she was subjected to sexual-intercourse by the appellant forcibly - Even if it is presumed that she was subjected to sexual inter-course with her consent by the appellant, then also, it is no consent in the eyes of law because she..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376 -- Prosecutrix aged 17 years induced by applicant to go with him promising her to marry her - Case registered u/s 363, 366 and 376 on recovery of girl - Prosecutrix had moved with the applicant from 30.6.2002 to 7.9.2002 from place to place - Shows prosecutrix a consenting party -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Rape - Age of prosecutrix - No direct evidence - Ossification test revealing age of prosecutrix between 14-16 years - Benefit of fluctuation upto 2-3 years, must go to accused - Age of prosecutrix held to be 18-19 years - Prosecutrix on her statement proved to be a willing party - Evidence of prosecutrix not supported by..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping of girl - Age - 15 years in School Leaving Certificate - Age certified to be 19 years by Chief Medical Superintendent - Opinion of doctor only expert opinion and not conclusive - Conduct of City Magistrate who directed doctor to examine girl about her age not approved - FIR not to be quashed - Investigating Officer to..........
Indian Penal Code, 1860, Section 363, 366, 506 -- Major girl - Leaving her parental home and marrying major boy of her own free will - Both being adults the law does not prohibit them to love each other - They have a right to live with dignity and honour and make their life meaningful - This is their constitutional right under Articles 19 & 21 - FIR quashed...........
