Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Juvenile is below 16 years of age and does not fall into special category of a juvenile between age of 16 and 18 years whose case may be viewed differently -..........
Indian Penal Code, 1860, Section 376 -- Rape of 6 years old minor girl - Accused committed rape on victim after gagging her mouth - Signs of inflammation and blood were seen on vaginal surface of victim - DNA profile of accused is found on clothes of victim - Prosecution succeeded in establishing guilt of accused beyond reasonable doubt - Accused rightly convicted...........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence adduced by victim and her mother has clearly established offence against accused - Non-production of wearing apparels of victim cannot destroy prosecution case when there was better evidence and medical evidence also supported fact that there was some lacerated abrasion over left arm of victim - No prior enmity..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18, 24 -- Plea of juvenility - Rape case - Accused was a juvenile at the time of commission of offence - However, accused is now 41 years old and no purpose would be served by releasing him on probation of good conduct - At this stage there is no scope of any reformation of a person who is above the age..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape of 3 years old minor girl - Prima facie evidence on record that accused has committed an inhuman act of rape on a minor girl of 3 years - Victim has narrated her ordeal in words as well as in signs and..........
Indian Penal Code, 1860, Section 375(b) -- Rape - If accused forced his organ into vagina or urethra of victim despite victim wearing his underpants, it would still amount to penetration for purpose of S.375(b) IPC...........
Indian Penal Code, 1860, Section 375 -- Rape - Victim was minor at the time of incident and accused confessed that he lost control over himself and committed the offence - Medical report confirmed tenderness in vagina of victim which also revealed redness and ruptured hymen - In the absence of accused establishing any alternative reason for such fact, merely because victim..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 395, 397, 342, 412, 506 -- Discharge - Rape - Robbery - Medical evidence on record shows that there is no external or internal injury found on the person of victim or on her private parts - Witnesses of alleged kidnapping who were produced by police as eye witnesses have not named accused -..........
Indian Penal Code, 1860, Section 376 -- Rape - Quantum of sentence - Accused has undergone actual imprisonment of 11 years - Ends of justice would be met by directing that instead of sentence of life imprisonment as imposed for conviction u/s 376 IPC, accused shall be sentenced to a term of 15 years imprisonment...........
Indian Penal Code, 1860, Section 376 -- Rape - Whether rape has occurred or not is a legal conclusion and not a medical one...........
