Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- FIR - Rape - Delay in lodging rape - Ordinarily the family of the victim would not intend to get a stigma attached to the victim - Delay in lodging the First Information Report in a case of this nature is a normal phenomenon...........
Indian Penal Code, 1860, Section 376 -- Rape of girl aged 6 years - Delay of 48 hours in lodging FIR - Held delay is not fatal to the prosecution case - Initial reaction of the parents of a rape victim is to suppress the incidence to save their honour which invariably results in delay in lodging the FIR...........
Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Delay in lodging - Held, delay of one or two days in lodging FIR may be bona fide, reasonable and justified - This is naturally in view of social conditions prevailing in India where a victim of rape case has to think seriously before giving information to Police for fear of onslaught of social stigma that may..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix - Conviction when can be based - Held, conviction in a case of rape can be based solely on testimony of prosecutrix, but it can be done so only in a case where court is convinced about truthfulness of prosecutrix and there exist no circumstances which would cast a shadow of doubt over her veracity..........
Indian Penal Code, 1860, Section 376 -- Rape - Girl aged 6 years - Rape proved but prosecution failed to prove that it is accused who committed it - Prosecutrix had seen the accused for the first time on the day of occurrence only but prosecution failed to conduct identification parade - Delay of 18 hours in lodging FIR - Testimony of PWs1 & 2 not inspiring - Prosecution..........
Indian Penal Code, 1860, Section 376 -- Rape - Of two lady labourers in Truck - Offence committed at point of knife - No unreasonable delay in lodging FIR - Age of one 12-14 and of the second 16-18 - In the case of rape there is no need of evidence of any independent witnesses which is to be corroborated by any other evidence - Conviction sustained...........
Indian Penal Code, 1860, Section 376 -- Rape - Consent given under belief that accused is her husband - Covers case of prosecutrix who had married accused without knowledge of his first marriage - Accused is guilty of rape - Delay in lodging FIR - Does not wash away offence - No interference warranted in order of High Court reducing sentence from 7 to 3 years RI and..........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 376 -- Rape and murder of 9 years girl - Special Report delivered to Magistrate after about 27 hours - Name of accused did not figure in FIR - Held, on cumulative analysis of facts a suspicion is cast on the prosecution case on account of delay in the communication of the special report to..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of - Heinous crime - Registration of FIR - Held, if complaint reflects commission of murder, dowry death, attempt to murder where victim sustained grievous injury, robbery, dacoity, rape and attempt to rape and Station House Officer refuses to register complaint of such allegation, then court will..........
Indian Penal Code, 1860, Section 376 -- Rape - Conviction - Prosecutrix declared hostile - No ground to acquit accused when there was prompt recording of FIR and case of prosecution stands corroborated by evidence of father of prosecutrix as well as by medical evidence - Conviction upheld...........
