Indian Penal Code, 1860, Section 376, 452, 387 -- Rape of a married woman aged 45 years - Forcible rape - Medical evidence - No injuries found on body of prosecutrix - This does not mean that injuries on the person of victim are must to prove charge of rape against accused, but in case of forced sex there are chances of abrasion on the thigh, breast, hands and neck of..........
Indian Penal Code, 1860, Section 376, 452, 387 -- Rape of a married woman aged 45 years - Prosecutrix admitted that she herself called accused, at the time she was alone in her house - Extent to which prosecutrix has gone to state incorrect facts is that she bleeded, when she was raped for the first time - Prosecutrix tried to behave as if she was virgin, when she was..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape case - Permissibility - Victim aged 18 years having 24 weeks of pregnancy - She tried to commit suicide by consuming acid - Report of doctors shows that continuation of pregnancy would adversely affect her mental status - Moreover, survival of new born is very less due to extreme..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of prosecutrix - Ossification test - Ossification report of prosecutrix reflects that she was between 15-17 years - Benefit of 2 years thus enures in favour of accused and prosecutrix should be treated as major...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix herself admitted that she willingly accompanied accused and had expressed her desire to marry him after completion of her education - She was travelling to different places using public transport with accused but no complaint was made to any passenger or to police nor she tried to run away..........
Indian Penal Code, 1860, Section 366, 344, 376 -- Kidnapping and rape - Prosecutrix narrated the entire incident in her testimony which is corroborated by medical evidence - Testimony of prosecutrix with regard to scar with knife on her private part is also corroborated by medical evidence - Merely because prosecutrix did not raised any shout or alarm, it cannot be stated..........
Indian Penal Code, 1860, Section 366, 344, 376 -- Kidnapping and rape - Defective investigation - Contention of accused that photograph of prosecutrix with one person was taken, which has not been further investigated, is of no relevance for the purpose of offence u/s 376 IPC, particularly when offence of rape is proved against accused by testimony of prosecutrix..........
Indian Penal Code, 1860, Section 366, 344, 376 -- Kidnapping and rape - Prosecutrix categorically stated that A-1 has not committed any offence though she was kept under his watch - No offence therefore is committed u/ss 376, 366 IPC by A-1 - However, conviction of A-1 u/s 344 IPC is maintained...........
Evidence Act,1872, Section 114A -- Rape - Presumption - Where prosecution discharges its initial burden of rape and proves absence of consent of victim, presumption shall be drawn against accused that he committed sexual intercourse with prosecutrix without her consent and Court shall presume that she did not consent although presumption is definitely rebuttable...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of victim above 16 years at the time of incident - Prosecutrix stated that she was raped many times by accused and when she tried to raise alarm, accused threatened to kill her - Medical evidence supported case of prosecution as hymen of prosecutrix was torn recently - Prosecution discharge its initial..........
