Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Ossification test fixed the age of prosecutrix between 15-17 years - Consent of prosecutrix is not established as she was forcibly taken by appellants under threat and pressure and committed rape on her - Medical report shows that her hymen was missing and semen was detected on seized underwear of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420, 506, 34 -- Anticipatory Bail - Rape - Delay of 28 days in lodging FIR - Material produced by prosecution, does not prima facie show the commission of alleged offence by petitioner - Medical report mentioned external injuries like nail scratch abrasions but those abrasion were less than..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Acquittal - Validity - Accused alleged to have kidnapped minor daughter of complainant under temptation of marriage and committed rape on her - Doctor who has examined victim deposed that it is not possible to give exact opinion that there was any sexual intercourse upon her - Victim could not be examined..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Evidence on record shows that accused had planned to rape victim one day ahead - Deposition of witnesses would show that there is corroboration in their statements - No reason to doubt veracity of statements made by witnesses - Defence failed to demolish depositions made by witnesses - Prosecution able to make out..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Step grandfather alleged to have subjected prosecutrix to rape from a tender age of 12 years and threatened to kill her if she disclosed incidents to anyone - As per medical report hymen found ruptured - He admitted his guilt citing that he was under influence of alcohol when offence was committed -..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent of prosecutrix - Prosecutrix stated that she being blind, sexual intercourse was committed on promise that appellant will marry her - Thus, consent was dependent on promise extended by appellant - Held, it cannot be said that prosecutrix freely agreed to submit herself in free and unconstrained possession over her..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Prosecutrix 72 years of age and accused 25 years of age - In complaint to police demand of money was alleged - However in supplementary statement there was allegation of attempt to rape - Had the accused any intention to commit rape, he would not have demanded money - Complainant is about the age of grandmother..........
Indian Penal Code, 1860, Section 366, 376(2)(g) -- Kidnapping and gang rape - Acquittal - Validity - Accused persons alleged to have taken victim girl on false pretext that her uncle was looking for her and committed rape on her - Evidence of prosecutrix that all accused persons committed rape on her without her consent and forcibly corroborated by evidence of informant,..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114 -- Gang rape - Absence of consent - Presumption as to - Prosecutrix deposed categorically that all six accused persons had raped her forcibly without her consent - Held, presumption can be drawn that she did not give consent to sexual intercourse committed on her by accused persons - Defence failed to..........
Indian Penal Code, 1860, Section 376(2)(g), Expl.1 & 34 - - Gang rape - Common intention - Held, where there are more than one person acting in furtherance of their common intention of committing rape on a victim, it is not necessary that prosecution should adduce clinching proof of completed act of rape by each one of accused on victim...........
