Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 118 -- Rape of 5 years child - Statement of child witness natural, true and voluntary and supported by Medical evidence - There was no motive to make false statement - A father would never expose his daughter to ignominy except when unavoidably necessary - Conviction and sentence of life imprisonment,..........
Indian Penal Code, 1860, Section 376 -- Rape of girl aged 5 years - Sentence - A rapist not only causes physical injuries but also indelibly leaves a scar on the most cherished possession of a woman i.e. her dignity, chastity, honour and reputation - Inadequate sentence would do more harm to the justice system - It is the duty of the Court to award proper sentence having..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused aged 20 years taken thrice to hospital to obtain semen but accused could not ejaculate - It is not conclusive proof that accused is not cable of performing sexual intercourse...........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction can be based on the uncorroborated testimony of prosecutrix provided the testimony bears the stamp of confidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of a rape victim cannot be disbelieved merely for the ground that she did not raise hue and cry or did not offer any resistance - Each person reacts in a particular manner when faced with an adverse and hostile situation...........
Indian Penal Code, 1860, Section 376 -- Rape - Accused convicted and sentenced to 8 years R.I. - Accused at that time was 20 years of age and now has two minor children to support - Sentence reduced to already undergone i.e. 6 years...........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction in sentence - Rape of minor girl of 9 years - Accused sentenced to life imprisonment - Accused did not inflict any grievous bodily harm - Nevertheless the extent of psychological harm cannot be measured - Conviction of life imprisonment reduced to rigorous imprisonment for ten years without remissions, furlough or..........
Indian Penal Code, 1860, Section 376 -- Rape of minor - Minimum sentence - Court can award sentence lesser than the minimum sentence for adequate and special reasons - Reduction of sentence on ground that accused at the time of offence was of 17 years of age and was illiterate villager - Held, these are not special reasons to reduce the sentence than the minimum sentence..........
Criminal Procedure Code, 1973, Section 439, 437(3)(g) -- Bail - Cancellation - Accused granted bail in a rape case - After grant of bail accused again tried to commit the same offence - Bail cancelled - Held, it is misuse of bail - An accused who has been granted bail, is not to indulge in commission of an offence similar to the one of which he is accused - Such a..........
Indian Penal Code, 1860, Section 375, 376 -- Rape - Minor - Defence is entitled to rely on the higher side of age given by doctor...........
