Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Allegations against accused yet to be proved - Certain facts qua discrepancy in statement of prosecutrix have come on record - Whether those facts are material or not will be proved during trial - However, keeping in view of facts and circumstances of case, as trial is likely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix is not appearing for her examination in trial - Non-bailable warrants issued against prosecutrix to secure her presence - Trial of case is being delayed - Keeping in view of her conduct and that it is likely to take some more time before same is completed -..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 450, 380 -- Rape and murder of 7 years old girl - Circumstantial evidence - Cause of death was asphyxia brought about as a result of ante mortem ligature strangulation sufficient to cause death in ordinary cause of nature - Presence of accused at the place of incident stands duly established as per statement of PW3/PW19 -..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 450, 380 -- Rape and murder of 7 years old girl - Death sentence - Case in question does not fall within ambit of rarest of rare case inviting death penalty - Death sentence set aside and converted to life imprisonment with fine of Rs.50,000 and in default of payment of fine, accused to further undergo R.I for one year...........
Indian Penal Code, 1860, Section 376, 354, 506, 419, 467, 471, 474, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 419, 467, 471, 474, 376, 354, 506, 34 IPC - Compromise - Quashing of FIR - Petitioner Akhtar falsely represented himself as Shiva promised marriage and had physical relationship - Marriage certificate found to be fake and petitioner could not..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 14 years old girl by her step father - Victim was 12 years old when her mother married to accused - Accused continued to have sex with victim for several times and consequently she became pregnant and gave birth to a male child who died later on - Medical..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape of 14 years old girl by her step father - Reduction of sentence - Sentence cannot be awarded to accused under both the Sections, though act of accused constituted offence both u/s 376 IPC as well as S.4 of POCSO Act, in view of provision of S.71 IPC - Sentence..........
Indian Penal Code, 1860, Section 376, 354, 323, 504, 506 -- Rape - Summoning of accused - Prima facie case for summoning of accused is made out - Statement of doctor along with statement of PW1 and PW2 who have categorically supported averments of complaint of commission of rape, is on record - Disputed defence cannot be looked at this stage nor can be basis for..........
Indian Penal Code, 1860, Section 376 -- Rape - For maintaining conviction u/s 376 Cr.P.C, medical evidence has to be in conformity with oral testimony...........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Mere fact that no external marks of injury was found by itself would not throw testimony of prosecutrix over board as it has been found that prosecutrix had washed out all tainted clothes worn at the time of occurrence as she was an illiterate lady...........
