Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 376 IPC and S.4 of POCSO Act - In order to make out offence u/s 376 IPC and S.4 of POCSO Act, complete penetration is not required - Slightest penetration is sufficient to constitute offence of rape or penetrative sexual assault...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 12 years old girl by her own father - Testimony of victim/child witness - Child witness deposed against her own biological father - Nothing in cross-examination of child witness to suggest even remotely that she was tortured by someone else to falsely implicate..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Evidence Act, 1872, Section 3 -- Murder and rape of 3 years child - Appreciation of evidence - It is evident that just before the recovery of dead body of the victim, accused was lastly seen with the deceased and said fact has been corroborated by number..........
Indian Penal Code, 1860, Section 302, 376, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, Criminal Procedure Code, 1973, Section 366 -- Death sentence - Reduction of sentence - Murder and rape of 3 years child - Though there are aggravating circumstances, but early age of accused is also required to be noticed - Even, accused is the first..........
Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole..........
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 9 years old minor girl - Serologist report - It is expert opinion u/s 45 of Evidence Act and therefore, admissible in evidence without being marked an exhibit formally or being proved by oral evidence...........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154 -- Rape of 9 years old minor girl - Prosecutrix turned hostile and failed to identify accused in dock - It cannot be a relevant fact and reason for acquittal of accused, particularly when medical evidence fully corroborates the offence of rape committed upon prosecutrix...........
Indian Penal Code, 1860, Section 376(2)(f), Criminal Procedure Code, 1973, Section 313 -- Rape of 9 years old minor girl - Examination of accused - Serological report not put to accused u/s 313 Cr.P.C, and plea raised by accused that he is prejudiced in his defence - Contention first time raised before Supreme Court - Even otherwise, serological report being available, it..........
Indian Penal Code, 1860, Section 376(2)(f), Evidence Act, 1872, Section 154 -- Rape of 9 years old minor girl - Prosecutrix turned hostile - Deposition of prosecutrix was recorded nearly 6 months after occurrence - It was thus, sufficient time and opportunity for accused to win over prosecutrix and PW1 by a settlement through coercion, intimidation, persuasion and undue..........
Criminal Procedure Code, 1973, Section 344 -- Tendering false evidence - Rape case - Prosecutrix turned hostile - Occurrence had taken place 14 long years ago - Prosecutrix was barely 9 years old on the date of occurrence - She may have since been married and settled to a new life, all of which may possibly be jeopardized, if prosecutrix is prosecuted u/s 344 Cr.P.C -..........
