Indian Penal Code, 1860, Section 375 -- Prior to amendment - Rape - False promise of marriage - If a man retracts his promise to marry a woman, consensual sex they had would not constitute an offence of rape u/s 376 IPC, unless it is established that consent for such sexual act was obtained by him by giving false promise of marriage with no intention of being adhered to..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 102 -- Rape - Onus to prove - In a case of rape, onus is always on prosecution to prove affirmatively each ingredient of offence, it seeks to establish and such onus never shifts...........
Indian Penal Code, 1860, Section 376 -- Prior to amendment - Rape - False promise of marriage - Promise to marriage was given after alleged sexual act and not at initial stage - It cannot be said that victim gave consent relying upon false promise of accused that he will marry her - Sexual intercourse between victim and accused if any as alleged by prosecution, was a..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 8 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Conduct of accused - PWs 1, 2, 3 & 5 when returned to their place of residence after searching the deceased, accused informed..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 27 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Recovery of dead body of deceased - Dead body of deceased was made from a place which cannot be said to be accessible to an..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 3 years old girl - Death penalty - Accused is a young person aged about 23 years old at the time of commission of offence - He was studious and hardworking - It is the first offence committed by accused..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Vague and bald allegations against brother-in-law and mother-in-law - No specific allegations of their involvement for the offence alleged - Proceedings against them quashed...........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Father of deceased and eye witness proved that accused was driving tractor-trolley in a rash and negligent manner and on the account of which deceased fallen from said vehicle and died because of vehicle running over him - Medical evidence supported prosecution case - I.O. along..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Incident is of year 2012 - Accused never misused the concession of bail granted to him - He is 28 years of age and he is the sole bread winner of family - Accused has already undergone 1 month 4 days of actual custody and has earned no remission - Sentence..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 34, Protection of Children from Sexual Offences Act, 2012, Section 5(L) -- Kidnapping and rape - Determination of age of victim - Prosecution has not proved the date of birth of victim by examining school Head master/teacher - Even the ossification test was not conducted - Moreover, when prosecution itself had filed a..........
