Indian Penal Code, 1860, Section 376 -- Rape - Age of prosecutrix - Neither parents nor any other witness have been examined by prosecution to show that prosecutrix was minor at the time of alleged incident - Infact evidence appears to be otherwise that prosecutrix was above 16 years of age and said fact is supported by doctor - Prosecution failed to prove its case -..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Evidence on record shows that accused and prosecutrix were out together that night and that prior to the incident, there were talks of their marriage and same was known to villagers - In this background, there is possibility of accused being falsely implicated for rape..........
Indian Penal Code, 1860, Section 376 -- Rape - Onus is always on prosecution to prove each ingredient of offence alleged against accused and such onus never shifts on accused...........
Indian Penal Code, 1860, Section 376 -- Sole testimony of prosecutrix - Rape - Conviction can be based on sole testimony of victim of sexual assault without corroboration from any other evidence - Corroboration as a condition or judicial reliance on testimony of victim is not a requirement of law but a guidance to prudence under given circumstances...........
Indian Penal Code, 1860, Section 365, 366, 376, 307, 344, 34 -- Kidnapping and rape - Medical evidence not established that it was accused who is primarily responsible for committing rape and penetrative sexual assault on prosecutrix - Inconsistencies and discrepancies found in statement of prosecutrix, which makes case of prosecution fabricated and unreliable - Entire..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Rape case - There is categorical and unequivocal allegation of outraging modesty of informant, as mentioned in FIR and her corroborating statements given at different stages, primarily attributes specific role to all accused including petitioner - Named accused undoubtedly are influential..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Prosecutrix was undergoing period of menstruation at the time of incident - Plea of consent thus, not tenable, as factum of menstruation of prosecutrix heavily stands on way of entertaining plea unless of course evidence on record being examined from all angles go to show all the circumstances of wilful and voluntary..........
Indian Penal Code, 1860, Section 376 -- Rape - Evidence of prosecutrix as to role of accused practically remained unshaken and no other circumstance appears therefrom or from other evidence to doubt her testimony - Prosecutrix undergoing period of menstruation at the time of incident - Testimony of prosecutrix is reliable and trustworthy - Prosecution proved its case -..........
Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death penalty - Mitigating factor - Post conviction severe mental illness is a mitigating factor that appellate Court in appropriate cases, needs to consider while sentencing an accused to death penalty...........
Indian Penal Code, 1860, Section 363, 376, 302, 201, 84 -- Kidnapping, rape and murder of two minor girls - Death sentence - Mitigating factor - Post conviction severe mental illness - Accused after committing rape and murder of victims threw body of victim No.2 into well and concealed body of victim No.1 - He has been reeling under bouts of some form of mental..........
