Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 102 -- Rape - Onus to prove - In a case of rape, onus is always on prosecution to prove affirmatively each ingredient of offence, it seeks to establish and such onus never shifts...........
Indian Penal Code, 1860, Section 376 -- Prior to amendment - Rape - False promise of marriage - Promise to marriage was given after alleged sexual act and not at initial stage - It cannot be said that victim gave consent relying upon false promise of accused that he will marry her - Sexual intercourse between victim and accused if any as alleged by prosecution, was a..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 8 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Conduct of accused - PWs 1, 2, 3 & 5 when returned to their place of residence after searching the deceased, accused informed..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 27 -- Kidnapping, rape and murder of 3 years old girl - Circumstantial evidence - Recovery of dead body of deceased - Dead body of deceased was made from a place which cannot be said to be accessible to an..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(i), 377, 201.302, 376A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 3 years old girl - Death penalty - Accused is a young person aged about 23 years old at the time of commission of offence - He was studious and hardworking - It is the first offence committed by accused..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 34, Protection of Children from Sexual Offences Act, 2012, Section 5(L) -- Kidnapping and rape - Determination of age of victim - Prosecution has not proved the date of birth of victim by examining school Head master/teacher - Even the ossification test was not conducted - Moreover, when prosecution itself had filed a..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Misconception of fact - Simple promise to marry without anything more will not give rise to misconception of fact within meaning of S.90 IPC...........
Indian Penal Code, 1860, Section 366, 376, 419 -- Kidnapping and rape - Victim stated that she had gone with accused because accused proposed to her to marry and she had accepted the proposal - She had already attained sufficient maturity at the relevant time of occurrence - Evidence of victim girl failed to inspire confidence to the effect that she was ever kidnapped and..........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 376, 506 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - FIR was lodged initially u/s 294 IPC and S.376 IPC was added later on - No internal and external injury was found on person of prosecutrix as per her medical report - Hymen was found old torn..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- DNA test - Rape case - Question involved in the case was whether rape was committed on prosecutrix by accused - Neither there is any question that whether child that was born to prosecutrix was child of accused..........
