Indian Penal Code, 1860, Section 376, 302 -- Rape and murder - Death sentence - Accused had no criminal history and he was a B.Sc. student at the time of incident - Aggravating circumstance is that accused took advantage of his position in victim's family for committing offences of rape and murder, in as much as family of victim had trusted accused and sent child along..........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 8 - - Victim claimed that she was violated by accused who was father of her friend - Version of victim is corroborated by PWs - Medical evidence though doubtful regarding penetration of vagina of victim, but it fully establishes case of attempted rape on victim -..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - FIR lodged after 7 months of alleged incident of rape - Evidence of PW4 and PW5 not credible - Testimony of prosecutrix not corroborated by any other witness - Incident alleged to have taken place near a common path but no hue and cry allegedly raised by prosecutrix was heard by anybody - Accused cannot be convicted on..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - FIR lodged after 7 months of alleged incident of rape - Evidence of PW4 and PW5 not credible - Testimony of prosecutrix not corroborated by any other witness - Incident alleged to have taken place near a common path but no hue and cry allegedly raised by prosecutrix was heard by anybody - Accused cannot be convicted on..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix herself in her affidavit stated that sexual relations between her accused were not on account of false promise of marriage - She was in consensual relationship with accused - No case made out u/s 376 IPC against accused - Charge against accused set aside...........
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Appreciation of evidence - As per evidence on record, accused was last seen together with victim as accused gave 1 rupee coin to victim and told one of the..........
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3 -- Rape and murder of minor girl aged 7-1/2 years - Death penalty - Rarest of rare case - Offence committed by accused though brutal and grave but does not warrant death sentence - As, accused is not a previous..........
Indian Penal Code, 1860, Section 376 -- Rape - Medical report does not support prosecution case, as prosecutrix was habitual to sexual intercourse - Prosecutrix claimed that when she was being raped she resisted and her bangles broke, however, no such broken bangles were detected from the spot - She stated that she was semi conscious at the relevant time and she made noise..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of married woman - Version of prosecutrix that she was raped by accused inside the clinic after door was bolted by him stands falsified, as IO while inspecting clinic did not find any door which could be bolted from inside - MLC of prosecutrix suggested no fresh external injury on her body - DNA of prosecutrix did not..........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 9 years old girl - Death sentence - Accused dragged girl aged 9 years into a sugarcane field, raped her and dumped her in a well - Cause of death according to medical evidence was signs of recent sexual intercourse with death due to drowning - Manner of commission of crime is extremely brutal - However,..........
