Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delayed FIR - Delay of 11 days in lodging FIR, not satisfactorily explained - Distance of police station being 2 kms from the place of occurrence - Nobody lodged police report till victim was found and victim herself lodged FIR - Delay is thus fatal to prosecution case as victim..........
Criminal Procedure Code, 1973, Section 154 -- Delayed FIR - Delay of 4 days in lodging FIR - Rape case - Place of occurrence 6 kms away from the place of incident - Informant stated that FIR delayed as she was threatened by accused - However, nothing on record to show that accused threatened informant - Even otherwise, it is not distinguishable that accused who raped a..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 376, 120B, 34 -- Rape - Compromise - FIR cannot be quashed in a non compoundable offence even when complainant does not support the case of prosecution and accused can be acquitted of the charge after considering the evidence on record as it will give an adverse message to the society...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of six months in lodging FIR - Rape case - Explanation given by prosecutrix for such delay that she was frightened, is fatal for prosecution, as it gives a clear indication that victim was a consenting party to whole act and raises a shadow of doubt raising chances of false implication and embellishment...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay of 10 days in lodging FIR - No plausible explanation to delay the lodging of FIR - Delay fatal to prosecution case...........
Indian Penal Code, 1860, Section 376, 458 -- Rape of a married woman when she was alone at home - However, on the same evening at 8.30 p.m, when prosecutrix went to her tenant for calling up her husband, it is indeed very surprising that she did not tell tenant anything about the occurrence - Prosecutrix on the next morning went to her sister-i, law PW3 and told everything..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Rape case - Delay of two days in filing the complaint cannot be said to be an inordinate delay particularly when victim is a child who is required to be carefully handled - Victim on the next day of incident conveyed such incident to her mother - In such circumstances, delay not fatal to prosecution case...........
Indian Penal Code, 1860, Section 376, 323, 506, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Rape - Prosecutrix stated that accused after putting a country made pistol on her temple, used caste abusive language and took her to the fields, where he committed rape - Medical evidence supported ocular version of prosecutrix -..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 380, 506 -- Kidnapping and rape - Accused acquitted viz: (i) inordinate delay in lodging FIR unexplained, which raises doubt on credibility of prosecution case and chance of false implication; (ii) All witnesses except formal witnesses produced by prosecution are interested hence, their evidence cannot be relied upon;..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Character of victim though not relevant in the matter but reference can be made - Victim had lodged another rape case after six months of this incident, in which one of present accused `S' is also an accused and her husband, PW5 and brother of accused `S' are witnesses - More so, victim is also an accused in rape..........
