Indian Penal Code, 1860, Section 376 -- Rape - Quashing of FIR - Commission of offence is made out from bare reading of contents of FIR - As regarding contentions of accused that complainant is a habitual blackmailer and she lodged false FIR with intention to extort money cannot be taken into consideration at this stage - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Victim declared hostile - Accused is in custody since 2015 - No report from jail that accused has in any way been unruly and he is not entitled for remission on basis of his good behaviour - Conviction upheld - However, sentence of rape..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 511, 506 -- Quashing of FIR - Offence u/ss 384, 511, 506 - No overt act alleged in FIR and it has only been vaguely stated that accused is threatening to implicate complainant in a false rape case - Provision of S.506 IPC not attracted - Even with respect to offence of extortion/attempt to..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix complaining of having been a victim of offence of rape is not an accomplice after the crime...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Prosecutrix has fully supported case of prosecution - She has been consistent right from very beginning - Nothing has been specifically pointed out why sole testimony of prosecutrix should not be believed - There is no doubt in credibility and trustworthiness of prosecutrix - Therefore, without any further..........
Indian Penal Code, 1860, Section 363, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder - Modification of sentence - Death sentence converted by High Court into life imprisonment till natural life of accused - However, without disturbing findings recorded by Courts below to conviction of accused, life..........
Indian Penal Code, 1860, Section 376 -- Rape - Mere statement by victim in her evidence that accused hugged and impregnated her without indication about penetration aspect is not sufficient to attract offence of rape - Unless the victim states in her evidence about penetrative non consensual sexual act by accused on her, offence of rape cannot be said to be made out...........
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..........
