Feb 18, 2022
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Section 376 IPC; Karnel Singh Vs. State of M.P. [Supreme Court of India, 11-08-1995]
Section 376 IPC; Karnel Singh Vs. State of M.P. [Supreme Court of India, 11-08-1995]
Indian Penal Code, 1860 – Section 376 – Rape of a poor prosecutrix, a labourer by contractor – Loopholes in investigation – To acquit the accused solely on that ground would be adding insult to injury. Prosecutrix AIR 1995 SC 2472 : (1995) 5 SCC 518 : JT 1995 (6) SC 437 : 1995 (4) SCALE 752 : 1995 (3) RCR (Criminal) 526 : 1995 CriLJ 4173 : 1995 (3) Crimes 527 : 1995 (3) AICLR 162 : 1995 SCC (Cri)…
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Section 376 IPC; State of Karnataka Vs. F. Nataraj [Supreme Court of India, 07-10-2015]
Section 376 IPC; State of Karnataka Vs. F. Nataraj [Supreme Court of India, 07-10-2015]
Penal Code, 1860 – S. 376 – age of the prosecutrix was less than 16 years at the time the offence – prosecutrix and the accused lived together and led a conjugal married life – whether the factum of sexual intercourse is established or not? – Held, the statements of the prosecutrix are highly inconsistent – the gaps in the evidences of the prosecutrix and the medical officer make it highly…
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Victim of Rape; Kishor Vs. State of U.P. [Allahabad High Court, 31-05-2016]
Victim of Rape; Kishor Vs. State of U.P. [Allahabad High Court, 31-05-2016]
Penal Code, 1860 – S. 376 – Rape – Reliability of the statement of victim – Prosecutrix has been changing her version again and again which makes her testimony unreliable and unworthy of credence. Thus the prosecution has miserably failed to prove its case beyond reasonable doubt against the present appellant and the appeal is liable to be allowed. HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL…
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Consent; Ayodhya Prasad Vs. State of U.P. [Allahabad High Court, 12-05-2016]
Consent; Ayodhya Prasad Vs. State of U.P. [Allahabad High Court, 12-05-2016]
Penal Code, 1860 – Ss. 363, 366 & 376 – Rape Victim – Credibility of the Testimony of Prosecutrix – An inference as to consent can be drawn if only based on evidence or probabilities of the case – Consent is also stated to be an act of reason coupled with deliberation – It denotes an active will in the mind of a person to permit the doing of an act complained of – Whether there was consent or…
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Golden rule of appreciation of the testimony of a prosecutrix
Golden rule of appreciation of the testimony of a prosecutrix
The golden rule of appreciation of the testimony of a prosecutrix laid down in Rameswar Vs. State of Rajasthan, AIR (1952) SC 54 and amplified in State of Maharashtra Vs. Chandraprakash Kewalchand Jain, (1990) 1 SCC 550 has been consistently followed till date.
Testimony of a Prosecutrix
It will, therefore, be useful to reproduce herein para 16 of the judgment in the above case of State of…
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Rape – Conviction Upheld
Indian Penal Code – Section 376 – Rape – Conviction upheld - The salwar and underwear of the prosecutrix, which she was wearing at the time of incident, were sent to CFSL for analysis and after examination the CFSL had found in its report dated 30.04.2001…
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Rape – Acquittal by High Court Set Aside
Indian Penal Code – Section 376 – Rape – Acquittal by High Court set aside - Thus, the evidence of the prosecutrix(PW-2) is clear that all the six respondents, Akbar, Jangsher, Roshan, Yakoob, Kadar and Shafi, committed rape on her without her consent and…
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