Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Indian Penal Code, 1860, Section 341, 506 -- Sexual assault of 7 years old girl by 60 years old accused - Testimony of victim regarding alleged incident of rape is consistent and corroborated by medical evidence - Victim though examined after 7 days of incident but vulva of victim still exhibited redness..........
Indian Penal Code, 1860, Section 376 -- Rape of 50 years old lady by 20 years old accused - Delay of 33 days in lodging FIR not explained - Prosecutrix a matured lady of around 50 years of age and working as a Head Mistress in Government School - It is unbelievable that despite commission of rape upon her in the year 2012, she has not reported the matter either to police..........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Quantum of sentence - Accused not a previous convict and not involved in any other criminal case - He claims to have purchased a house in the name of prosecutrix - Prosecutrix not presented true facts regarding the financial assistance provided to her by accused before lodging FIR - Though custody..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 417 -- Delayed FIR - Rape - Delay in lodging FIR explained by parents of prosecutrix, as FIR lodged when accused refused to marry prosecutrix and she was five months pregnant - Omission to mention in FIR that accused after initial incident frequently used to have physical relationship with..........
Indian Penal Code, 1860, Section 376, 506 -- Rape of mentally retarded girl - Age of prosecutrix was 19 years old at the time of incident - Prosecutrix was not in a position to understand the consequences of sexual assault - She gave birth to female child - DNA test proved that accused was biological father of said child - Statement of prosecutrix was corroborated by..........
Indian Penal Code, 1860, Section 376(2)(f), 506 -- Rape of 9 years old minor girl - There is no allegation of rape either in FIR or in statement of prosecutrix and her mother - Prosecutrix stated about rape for the first time after one month of incident in her statement recorded u/s 164 Cr.P.C. - Medical evidence not supporting prosecution case, as there is no injury found..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(f) -- FIR - Delay of 14 hours in lodging FIR - Rape case - Delay occurred due to the fact that prosecutrix was threatened by accused with dire consequences if she reported the incident to anyone - However, immediately after incident prosecutrix allegedly deposed everything to her mother and..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 323, 504, 506 -- Delayed FIR - Rape case - Informant stated that he moved a written application but his report was not lodged - Even prosecutrix and her mother also stated that they went to police station to lodge report but her report was not lodged - However, neither copies of such..........
Criminal Procedure Code, 1973, Section 154 -- Delayed FIR - Rape case - No doubt, delay in lodging FIR in rape case is always not fatal for prosecution case, but even in case of rape, delay has to be explained...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delay in lodging FIR - Parents of prosecutrix were not present when incident took place - FIR lodged immediately after return of parents of prosecutrix - Delay sufficiently explained - Prosecution case cannot be doubted on account of delayed FIR...........
