Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - A subsequent refusal to marry or failure to lead relationship into a marriage are not factors that are sufficient to constitute rape even if partners had indulged in a physical relationship...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n) -- Bail - Rape - On the pretext of marriage - Prosecutrix was aware that accused became acquainted with and got close to another lady with whom he is now engaged to marry - She stated that accused had conveyed to her that he does not intend to marry anyone - Prosecutrix also stated that..........
Indian Penal Code, 1860, Section 376, 382 -- Rape - Quashing of proceedings - Prosecutrix and her husband do not wish to continue with proceedings in order to remove matrimonial hardship between prosecutrix and her husband - There is no likelihood of conviction of accused in trial as prosecutrix turned hostile - Proceedings quashed...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Statement of prosecutrix - Where FIR was lodged after about four months of incident and neither date, time nor place of incident have been mentioned, only on basis of uncorroborated prosecutrix's statement, accused cannot be held guilty for offence,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Victim is employee, matured lady and working in Court and she would know consequences and legal remedies - Instead her keeping quiet for such a long time would make out a case for bail to petitioner - Petitioner is a first offender and one of relevant factors..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - False promise of marriage - Victim is a married lady having two kids - There cannot be a promise to marry when victim is in subsisting marriage - Anticipatory bail granted to petitioner with conditions...........
Indian Penal Code, 1860, Section 376(2) -- Rape of 3-1/2 years old minor girl - Testimonies of two seven years old boys/eye witnesses coupled with confessional statement of accused clearly made out that accused had committed rape on prosecutrix - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376(2) -- Rape of 3-1/2 years old minor girl - Reduction of sentence - Accused was 27 years old at the time of sentence being passed and not involved in any other case - It was a matter of moment when accused may have been overcome with lust, but accused may not have been cruel in dealing with prosecutrix and may have realised his mistake..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Summoning of additional accused - Rape - Specific role has been ascribed to both summoned accused by prosecutrix - Strong and cogent material on record before Court to prima facie form the opinion that summoned accused..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Victim solemnized marriage with accused and couple is stated to be residing happily with each other - Male child has also been born from said wedlock - Possibility of conviction is also..........
