Indian Penal Code, 1860, Section 376, 451 -- Rape - Age of prosecutrix - Prosecutrix herself admitted that at the relevant time her age was 18 years and she gave her age 15 years in FIR on the say of her mother - Birth certificate though is a public document, does not indicate that same is extract of public record kept in office of Gram Panchayat - Further, who gave..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Testimony of prosecutrix - Accused is neighbour of prosecutrix - It seems highly impossible for a single man to gag mouth of prosecutrix and remove her clothes and to perform sexual act without any scuffle - Medical evidence also does not support case of prosecutrix - Defence of consensual physical relations does appear..........
Indian Penal Code, 1860, Section 363, 366A, 376, 328, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Prior enmity between accused and father of prosecutrix - Prosecutrix is aged about 20 years and got married with another person - FIR lodged after delay of 15 days and no explanation has been given for the same - Prosecutrix..........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape - Testimony of prosecutrix no doubt is sufficient for conviction of accused, however, same ought to inspire confidence of Court - It ought to be of sterling quality...........
Indian Penal Code, 1860, Section 376(2)(n), Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape - Love relationship between parties - Prosecutrix was just three months short of attaining age of majority - She has not stated before police incidents of sexual relations between them at his sister's place - Offence of rape came to be added on basis of..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Victim was 7 years old at the time of occurrence - Ocular evidence adduced on behalf of prosecution corroborated with medical evidence - Blood stained panty of victim and blood stained clay was proved - Statement of victim found trust worthy - Statement of parents of victim, who though not are eye witnesses, yet their..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Quantum of sentence - Victim was 7 years old and accused was 22 years old at the time of occurrence - Act of accused of committing rape of 7 years baby is abhorrent - Since rape was committed of a baby being below age of 12 years in the year 2004 and accused also uncle in relation, trial Court rightly convicted and..........
Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Prosecutrix herself admitted that she is about 20 years of age and got married with another person - No evidence on record to prove that prosecutrix was taken away from custody of her parents - Prosecution failed to prove that..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 8, 12 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - Complaint was immediately lodged after the incident - Both accused and prosecutrix has stated about the incident in question in..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Love affair between parties which continued unabatedly for almost 12 years - Accused and prosecutrix involved in a purely consensual relationship with each other for nearly a decade - Allegation against accused that prosecutrix was..........
