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HIMACHAL PRADESH HIGH COURT

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 376 -- Rape - Of a married lady in forest area - No corroborative evidence or evidence of such nature which could lend assurance to the statement of the prosecutrix - Site plan in variance with the place of crime given in FIR - Prosecutrix sustained no injuries though she resisted act of accused - Held, such sexual intercourse cannot be..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Prosecutrix named three persons in first statement and thereafter named six persons in subsequent statement - C.A. Report shows presence of cannabis in urine sample of complainant - Held, it is not expected that prosecutrix would be in a position to give details of crime which was committed and, therefore,..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Inference of - Held, common intention has to be gathered from circumstances which existed and which are brought on record and it is not necessary that common intention should exist from beginning and that it can develop at last minute before commission of offence...........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 376(2)(f), 511 -- Attempt to rape - Proof - Direct evidence only of prosecutrix aged 3 years 7 months - Evidence of prosecutrix evasive and influenced by mother and grandmother - Mother and grandmother alleged eye witness turned hostile - Medical evidence did not lend assurance to statement of prosecutrix - Held, conviction cannot be based..........

RAJASTHAN HIGH COURT

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 376 -- Conviction on the sole testimony of prosecutrix - Contradictions - Allegation of rape against certain accused for the first time in Court - Not so stated in statement u/s 161 Cr.P.C. - When confronted merely stated that this was revealed to police but why it was not recorded she had no idea - IO stated that whatever prosecutrix..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 376 -- Rape of minor girl - Defence of false implication - Dispute over a common wall was not of such a grave nature compelling the entire family of the prosecutrix to go to the extent of putting at stake its reputation and fair name of a young girl child to settle the scores with the accused - No merit in the plea...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Delay - Report lodged with police but no action taken - Case registered after 15 days when a complaint was sent to SSP - DSP tried to sabotage the entire prosecution in order to protect the accused - No merit in the submission that FIR is ante timed and brought into existence..........

CHHATTISGARH HIGH COURT

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 376, 511 -- Rape - Not actually committed but an attempt was made to commit rape - Accused can be convicted u/ss 376 read with S.511 IPC though attempt to commit rape was not separately charged...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Defence version that FIR was lodged because of enmity between two families - Contention not tenable - Enmity between two families would not lead to such a serious consequence of lodging FIR of commission of gang rape...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 376 -- Rape - Delay of 13 hours in lodging FIR - Reason explained that victim belonged to low caste and several persons gathered to decide future course of action - FIR of an offence of rape is lodged after giving a serious thought - Delay property explained...........

Showing : 2131-2140 of 2978 Results