Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Allegations of rape cannot be quashed on the basis of NOC given by victim stating that she does not want to pursue the FIR against accused and fact that she has turned hostile does not waive off offence as alleged by her against accused, as act of rape is not an act..........
Indian Penal Code, 1860, Section 376(2)(n) -- Rape - False promise of marriage - Accused and prosecutrix were in long term relationship and even a engagement had taken place, which indicates that accused did indeed intend to marry prosecutrix - Just because relationship ended on hostile terms, it cannot be said that there was no intention of accused to marry prosecutrix in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 109 -- Anticipatory bail - Kidnapping and rape - Prosecutrix in her statement recorded u/s 164 Cr.P.C on two occasions clearly implicated accused by stating that she was kidnapped by him whereafter she was taken to some unknown place and subjected to forcible sexual assault - She has not..........
Indian Penal Code, 1860, Section 376 -- Rape - Mere fact that no injuries were found on the private part of body of prosecutrix, cannot be a ground to hold that no rape was committed...........
Indian Penal Code, 1860, Section 376 -- Rape - The incidents occurred in the year 2014 - The amended provisions of IPC and Evidence Act of 2013 have to be considered in this case - Though PW1 has not spoken in detail about the nature of the rape committed on her in regard to penetration, insertion etc., her testimony that she has been sexually abused means to convey that..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - If he was not certain about the marriage, he is bound to disclose that fact to the woman - If such fact was not disclosed, consent may fall under the category of `misconception of fact' and the consent would be vitiated under Section 90 of the IPC - Misconception of fact to vitiate consent as referred under Section..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 376 -- Presumption - Rape - In order to give rise to the presumption under Section 114-A of Evidence Act, in context of prosecution on a promise to marry, the woman has to state in her evidence that the promise was false with necessary elements at the time of the sexual act or has to state that..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction - The prosecution has miserably failed to prove the sexual act was on false promise or consent was obtained by non-disclosure of material facts - Therefore, the accused is entitled to benefit of doubt as the prosecution has failed to prove the sexual act was on a false promise to marry or the consent was obtained by..........
Indian Penal Code, 1860, Section 376 -- 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 and that promise made..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376(1), 376(2)(n) -- Quashing of proceedings - Rape - False promise of marriage - Victim who is a married woman voluntarily had sex with her former lover - Intercourse between parties was purely consensual in nature - Nothing on record to show that accused had made a false promise only to satisfy..........
