Indian Penal Code, 1860, Section 376, 511, 354 -- Nature of offence - Statement of victim shows that act of accused travels only upto offence defined u/s 354 IPC - Three witnesses mentioned in charge sheet not examined - Independent witness not examined though mentioned in FIR - Old enmity with complainant has also been pleaded by accused - There is no independent witness..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Victim stated in her FIS that incident took place during Christmas holidays - However, while tendering evidence before Court, PW1 would state that she could not go to school for nine months due to stomach pain - Victim does not refer to time/period during which she could not go to school -..........
Indian Penal Code, 1860, Section 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5, 6 -- Rape of 10 years old girl by her own father - Evidence of twin sister of victim - DW2 sister of victim asked victim about the incident whereupon victim stated that case was filed as instructed by their mother and grandmother - Victim also told DW2 that..........
Indian Penal Code, 1860, Section 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5, 6 -- Rape of 10 years old girl by her own father - Evidence of mother of victim - CW1, mother of victim was not offered as witness by prosecution and she was examined as a Court witness - She stated that incident was first told by victim to her grandmother,..........
Indian Penal Code, 1860, Section 376, 34, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5, 6 -- Rape of 10 years old girl by her own father - Evidence of victim - Victim is a child witness - No corroborating evidence is forthcoming to support her version - There is no medical evidence on record - More so, there is inconsistent version of victim in..........
Protection of Children from Sexual Offences Act, 2012, Section 22 -- Direction to register a case against mother of victim for filing false case - There is only possibility that mother of victim would instigate/orchestrated filing of complaint - Moreover, aggrieved person father of victim against whom rape case is filed, has not come forward with a complaint to register a..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Consent obtained by fraud amounts to no consent and therefore, if intercourse is done with consent but obtained by fraud, it would amount to rape...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Love affair between parties, indulging into a sexual relationship and ultimately ending into a breakup - Prosecutrix continued to engage in sexual relationship with accused for a long period of 2 years - No evidence on record to show or suggest that right from inception, intent of accused was to..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Prosecutrix informed her husband regarding incident in morning on returning home - She with clarity stated and identified accused of having committed offence of rape - Incident is duly corroborated by testimony of neighbour PW3 - Defence failed to demolish statements of PW1, PW2 and PW3 or cast reasonable doubt -..........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Quantum of sentence - Incident occurred prior to amendment in S.376 IPC and pre amended provision provides that a person committed of rape shall be punished with R.I for a term which shall not be less than 7 years but which may extend to imprisonment for life and shall also be liable to fine - Accused has no criminal..........
