Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - False promise of marriage - Prosecutrix was more than 18 years of age at the time of incident - Accused stayed in the house of prosecutrix as tenant for eight months before being ousted - Prosecutrix was aware about marital status of accused while she continued to have sexual relationship with him - Relationship..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical evidence indicates that no injury found on the body of prosecutrix - Presence of semen of accused on apparels of prosecutrix as an incriminating evidence was not established by evidence available on record - I.O did not turn up for rendering his evidence despite repeated summons - Non-reliable state of evidence led by..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - FIR lodged against unknown person - Victim left parental home on her own sweet will and had gone with accused and solemnized marriage with him, which is evident from her statement..........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Determination of age of prosecutrix - Date of birth given in certificate provided by Principal of College cannot be conclusive proof of exact date of birth of prosecutrix, as the same is based upon declaration given by parents of prosecutrix at the time of her admission...........
Indian Penal Code, 1860, Section 366, 376(2)(n) -- Kidnapping and rape - Age of prosecutrix - When exact age of prosecutrix could not be determined and only basis for conviction is that prosecutrix was below 18 years, though her evidence on record prove that she consented for going with accused to all places and also for sexual intercourse with accused, benefit of doubt..........
Indian Penal Code, 1860, Section 376(1), Protection of Children from Sexual Offences Act, 2012, Section 3(r)(w), 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Rape - Victim is self condemned witness totally contradicting her own evidence - Parents of victim did not support prosecution case - Scribe of complaint stated..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 376AB, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Default bail - Rape - Non-filing of FSL report with challan does not make the challan incomplete, as for an offence of sexual assault, final report would be complete on statement of prosecutrix u/ss 161, 164 Cr.P.C..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(m), 302, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 6 -- Kidnapping, rape and murder of 4 years old girl - Deceased was last seen with accused - Accused while committing barbaric acts of rape and sexual assault on young child aged about 4 years, had inflicted bodily injuries as..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 376(2)(m), 302, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 6 -- Kidnapping, rape and murder of 4 years old girl - Sentence - Case not rarest of rare case - Death sentence as awarded u/s 302 IPC commuted to life imprisonment - Sentence of imprisonment for a period of 20 years is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Deliberate delay on the part of prosecution - Trial unnecessarily held up - Under-trials cannot indefinitely be detained pending trial - Bail granted...........
