Indian Penal Code, 1860, Section 376, 452 -- Rape - Quantum of sentence - Incident occurred prior to amendment in S.376 IPC and pre amended provision provides that a person committed of rape shall be punished with R.I for a term which shall not be less than 7 years but which may extend to imprisonment for life and shall also be liable to fine - Accused has no criminal..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - False promise of marriage - No allegation in FIR as to when accused promised to marry victim and whether it was done in bad faith or with intention to deceive her - There is failure on the part of accused to fulfill his promise of marriage made in the year 2017..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of less than 8 years old girl - Identification of accused - Victim identified accused in Court - Though, victim did not know accused by name at the time of incident, however there is no evidence to suggest that victim was not acquainted with accused or had not..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of less than 8 years old girl - Medical report of victim indicated that hymen was torn and there were signs of recent sexual intercourse - Accused confessed before Judicial Magistrate regarding crime in question, though he feebly tried to retract from such..........
Criminal Procedure Code, 1973, Section 188, 482, Indian Penal Code, 1860, Section 376(2)(n), 506 -- Offence committed outside India - Rape - Petitioner was not Indian citizen at the time of commission of offence - His status as an Indian citizen terminated u/s 9 of Citizenship Act, as petitioner voluntarily acquired citizenship of Britain - If an offence is committed by a..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Rape and murder - Death sentence - Appeal against - Accused/appellant committed rape on 7 year old girl caused her death and dumped dead body near bridge - Victim was last seen in company of accused and was then went missing - Also recovery of dead body..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376D, 354A, 354D, 452, 506, 34 -- Bail - Rape - Allegation of rape is against co-accused - It was co-accused who entered the house of victim on the date of incident and petitioner remained outside the house - Petitioner has been behind the bars since 2.4.2021 - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Actual delay if any is only of three hours, which is acceptable in facts and circumstances of the case - Moreover, delay has been sufficiently explained in complaint itself, as sister of victim told to victim that they will wait for their mother to return from vegetable business - Moreso, it..........
Indian Penal Code, 1860, Section 376, 450, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Victim girl specifically stated that accused forcibly entered her house in absence of her mother, gagged her mouth and committed forcible sexual intercourse and somehow she was able to escape from clutches of accused - Said fact is corroborated by sister..........
Indian Penal Code, 1860, Section 376, 450, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape - Reduction of sentence - Mere fact that on the date of incident accused is of young age, it is not a licence to commit rape on anybody and everybody - Therefore, it is not a mitigating circumstance either - Moreover, victim is an innocent girl of 12 years..........
