Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 506 -- Anticipatory bail - Kidnapping and rape - FIR filed as counter blast to complaint made by petitioner against some police officials - There was dispute between petitioner and complainant with regard to dishonour of certain cheques to which petitioner filed complaint u/s 138 of N.I..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape - Age of prosecutrix - Nothing divulged as to what was exact date of birth of prosecutrix - No supporting document like birth certificate or school record was produced or proved - Apparently, prosecutrix and her family members attempted to conceal exact age of prosecutrix which was crucial to ascertain guilt of..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape - Pregnancy of eight months - Consensual act - Version of prosecutrix is not at all consistent, as she has given conflicting and divergent versions at different stages of investigation/trial - Initially, she did not bring it to notice of her parents and family members her ordeal at any stage - No such incident..........
Indian Penal Code, 1860, Section 376(2)(g), 506 -- Gang rape - Pregnancy of eight months - Compensation - Prosecutrix repeatedly exploited by several people including accused and child born to her proves to be A-2 and there is no evidence that prosecutrix ever demanded any money from accused before offering herself for sexual relationship as such she is entitled for..........
Indian Penal Code, 1860, Section 376, 452, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consumed poison after incident of rape and remained hospitalized for 2 days - But there is no evidence on record that during such period prosecutrix made any complaint against accused with regard to incident - FIR lodged after 8 days of incident..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - False promise of marriage - Prosecutrix admittedly was married and not legally divorced from her husband - During subsistence of earlier marriage there could be no promise of marriage to accused - Allegation that fraud was played on prosecutrix for receiving consent..........
Criminal Procedure Code, 1973, Section 357A, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Compensation to victim - DLSA (District Legal Services Authority) rejected application of petitioner on ground that Court which passed order of conviction and sentence has not further passed the order of compensation - Order of rejection set aside as..........
Police protection -- Abduction, rape and murder of 8 years old girl - Apprehension that there will be no fair trial as there has been protest by members of the Bar and further there may be issues relating to witness protection - Police protection provided to family members of victim, their counsel and one person who is assisting victim's family in prosecution - As..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Testimony of prosecutrix cogent, cohesive and consistent - Evidence of sexual assault is substantiated by medical evidence - Injuries on genitals of prosecutrix points to the use of force - Had it been consensual, necessity of force would not have arisen - Prosecution proved its case beyond reasonable doubt - Accused..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept..........
