Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age of prosecutrix - Evidentiary value of Pariwar Register - Gram Panchayat Officer not verifying entries made in the register available with him - Entries in said register not proved - Manner of preparation of Pariwar Register raises doubt about its authenticity and genuineness - Held, Pariwar Register not..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Prosecutrix was taken to house of co-accused persons and raped - Failure of prosecution to conclusive prove age of prosecutrix - Prosecutrix passed through various crowded public places during day time - Cannot be said to be forcibly kidnapped or subjected to rape - Delay in lodging FIR not explained - No..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Accused a police constable - Convicted for rape of married woman - Evidence that accused and Prosecutrix were known to each other - Evidence that Prosecutrix was using the services of the accused to further her interest in criminal prosecution which she had launched against her husband - Evidence that in return the..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused police constable - Acquitted in rape case - Department is at liberty to proceed against him for having intimate relations with a lady in distress and to that extent misusing his position as a police officer to help her in prosecuting her husband...........
Indian Penal Code, 1860, Section 366A, 376 -- Abduction and rape - Accused abducted victim girl aged about 13 years and committed rape on her - Defence plea that victim girl left her house on her own accord and stayed with accused and in this manner she was a consenting party, pales into insignificance in face of age of victim girl - Evidence established that at the time..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Medical report that prosecutrix is habitual to sexual intercourse - Prosecutrix and her sister-in-law sleeping in room with doors bolted and bolts were intact - No evidence as to how accused came into the room and committed rape - Unreliable that accused committed rape and sister-in-law remained sleeping - No..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual sexual intercourse - Prosecutrix resisted but did not raise alarm - If prosecutrix was not a consenting party, in all human probabilities, she would have raised alarm - It can be reasonably and legitimately gathered she had consented to sexual intercourse without any demur...........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - In absence of evidence to the effect that accused had promised to marry with the prosecutrix at any stage, it cannot be said with absolute certainty that due to misconception of fact she had given the consent to accused for sexual intercourse with her...........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Accused allegedly committed rape on a victim belonging to Scheduled Tribe - Majority of the prosecution witnesses turned hostile - Identification of accused given in dying declaration did not match with accused - Medical evidence regarding..........
Indian Penal Code, 1860, Section 376 -- Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Criminal Procedure Code, 1973, S.302 - Rape on woman belonging to Scheduled Tribes - Accused convicted and sentenced u/s 376 IPC - Held, no separate or additional punishment can be imposed u/s 3(2)(v) of the Act as it amounts to double jeopardy...........
