Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - Rape - Summoning of prosecutrix and her parents for cross-examination over age of prosecutrix - Since witnesses not stated any fact regarding rape, no questions were asked regarding her age - However, as per FSL report and DNA report, semen found on vaginal swab tallied with blood group of petitioner - In..........
Indian Penal Code, 1860, Section 366A, 344, 376(2)(g), 109 -- Kidnapping and rape - No allegation of rape in complaint filed by father of prosecutrix - Levelling allegation against eight persons with regard to rape out of whom police did not submit charge against other accused except present accused stands acquitted by Court below shows that prosecutrix has cooked up a..........
Indian Penal Code, 1860, Section 376 -- Rape - Sexual intercourse on pretext of marriage - Love affair between prosecutrix and accused - It is not proved that accused had no intention to marry prosecutrix at the first time of intercourse - It is only when father of accused refused to accept prosecutrix as his daughter-in-law that actual marriage did not take place -..........
Indian Penal Code, 1860, Section 376 -- Rape - Sentence - Prosecution failed to prove the offence of rape committed by accused - Accused has already undergone entire sentence since no bail was granted by High Court - Prosecutrix shall refund the amount of Rs.30,000 paid by accused with 6% interest p.a, if payment was made by accused...........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Forcible sexual intercourse - Some injuries and marks of struggle, may be of minor type, were bound to appear on the person of prosecutrix and accused - However, nothing of that sort was observed by doctors, who medically examined prosecutrix and accused - Prosecution failed to prove its case beyond a shadow of reasonable..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against bother-in-law (Devar) and sisters-in-law (Nanad) - Wife alleged that her brother-in-law denuded her and torn her clothes and committed rape upon her at the point of pistol with..........
Indian Penal Code, 1860, Section 376(2)(N) -- Rape - Consensual relationship between prosecutrix and accused as per evidence of prosecutrix - Accused was known to prosecutrix from 2013 - Sexual relationship developed between parties - Prosecutrix stayed with accused in the same house even after she got engaged - FIR lodged after delay of more than one year - No video..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Rape case - Provision of S.154 Cr.P.C is mandatory in nature - FIR in question not written as per provision of S.154 Cr.P.C - Compliant itself which was registered as FIR is ante dated - No explanation as to what was occasion for not lodging FIR and in making correction in date on complaint - Prosecution also failed to..........
Indian Penal Code, 1860, Section 376D, 323 -- Rape - Prosecution improved its case after lodging FIR as per statement of prosecutrix, medical report and statement of father and maternal uncle of prosecutrix - Complaint lodged after 2 days of alleged incident by prosecutrix herself mentioning all details of accused and her statement recorded after 13 days - Statement of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 368, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Bail - Rape of married woman - Prosecutrix is aged about 30 years and a married woman - She travelled with accused and stayed with him for about one month - FIR lodged on an application..........
