Court : Guwahati
..... informant failed to allege occurrence of rape in the fir, corroboration is to be sought from the circumstances. the vital circumstances as; narrated by the learned senior counsel, if taken into account, then those are the ..... commission of offence. he also did not seize the under pant of the accused, the bed sheet etc.(iii) taking the evidence of the prosecutrix into consideration regarding occurrence of rape, the submission made by the learned senior counsel about the circumstances of the occurrence are very much relevant. when medical evidence is silent, when the prosecutrix as the first ..... below have failed to analyze the essential ingredients of section 376 ipc in its proper perspective and has kept out of consideration the contents of fir and the subsequent alleged rape on the victim, inasmuch as, on the doctor's evidence had drawn the presumption and conclusions against the accused and, therefore, the judgment of both the courts below requires ..... the circumstances falling under any of the five descriptions specified in section 375 ipc and,(d) whether there was sufficient penetration to constitute the offence as per the definition of rape?2. on remand, the learned assistant sessions judge recorded the statement of the accused afresh under section 313 of the code of criminal procedure (hereinafter referred to as code), .....Tag this Judgment!
Court : Gujarat
Reported in : (1997)1GLR198
..... , indecent gestures made to girls, molesting girls, kidnapping, abducting and black-mailing and compelling girls to marry even against their wishes, cases of rape and gang rapes, adultery, murder, dacoity and various other sorts of crimes, the question arises as to from where all these come? out of nothing? undoubtedly ..... disease like eve-teasing, molesting, kindnaping and abducting girls, blackmailing them to marriage and/or have illicit sexual intercourse, rape, turning into violent rape, gang-rape, paedophilia in other words child-rape even, which all of us are terribly scared to think or dream of even! no doubt, ordinarily, person ..... used to bring his son home. he had to do all household work. recently, he had incidences of crimes committed _______________________________________________________________________________________________________ sr. state/ut rape kidnapping dowry torture & abduction deaths (cruelty by husband and his relatives) _______________________________________________________________________________________________________ 1 2 3 4 5 6 _______________________________________________________________________________________________________ states: 1. andhra pradesh ..... and women, where no care is taken to prevent and destroy the sources motivating eves-teasing, kidnapping and abduction of girls, blackmailing them, rapes, murders and assaults on women and making younger generation turn more and more towards to be criminal. under the circumstances, we think rather .....Tag this Judgment!
Court : Patna
..... also not been examined. learned counsel, hence, has argued that in the absence of medical evidence it cannot be said that actually the victims, were raped.23. the lower court records, however, shows that despite efforts made the attendance of the i.o. and the doctor could not be procured. therefore ..... case. learned counsel, hence, submitted that adverse inference should be drawn from their non-examination. but, in this case the main allegation is of rape and none of them are eye-witnesses to that incident. the evidence of pw 1 also shows that female neighbours had seen the occurrence taking place ..... is, of course, some inconsistency in the evidence of these witnesses and the evidence of the victims as to who among the appellants had actually committed rape on the victims, but they were not eye-witnesses and were deposing in court after so many years. therefore, such inconsistency is natural and does ..... appellant bharosi tanti then went to her sister, and from the sister she could know that bharosi tanti, chandra shekhar singh and bijay singh committed rape on her. then the appellants left the place giving threats that if they told about the incident to anybody, they would be killed. the ..... completing investigation submitted charge-sheet against the appellants.5. all the appellants were charged under section 376(2)(g) read with explanation i for gang rape and under section 323, ipc for assaulting the informant as also under section 451, ipc for committing house tres-pass with an intent to .....Tag this Judgment!
Court : Rajasthan
Reported in : 2008CriLJ2306; RLW2008(3)Raj2054
..... section 376(2)(g), i.p.c. is proved against the appellant-kalu singh because he has clearly acted in furtherance of the common intention of committing rape on the prosecutrix. having considered the arguments of the learned counsel for the appellants on the merits of the case, i shall now consider the alternative prayer ..... that when he reached the place of occurrence the appellant-kalu singh was committing wrong act with the prosecutrix in the field of millet the offence of rape against the appellant-kalu singh stands fully proved. thus there is no substance in the argument of learned counsel for the appellants that the appellant-kalu singh ..... -examination the prosecutrix has stated that the report ex. p. 1 was written by one kailash and she told him that the appellant-kalu singh also committed rape on her but she does not know why it is not there in the written report ex. p. 1. in view of her above explanation and the ..... and kalu singh under sections 323, 342 and 376, i.p.c., the prosecutrix was medically examined. her injury report is ex. p. 10 whereas report regarding the rape is ex. p. 6. injury report of the witness bhagirath mal saini is ex. p. 11. site plan is ex. p. 7 and the photos of ..... her to the field of millet. the appellant kalu singh threw her on the ground and when she cried he pressed her throat. the appellant madan lal committed rape on her. she suffered injuries on her neck and hands and she was also bitten, on her thigh, hearing her cries, one bhagirath mal saini came .....Tag this Judgment!
Court : Guwahati
..... case on hand the victim girl was disrobed and appellant was over her rubbing the penis against her vagina. this certainly amounted to attempt to commit rape.it is to be noticed at this stage that except mere denial, no specific defence case was projected to explain why a neighbour's minor girl ..... about the truth of her allegation. it is not expected of her or any girl of her age to know what precisely amounted to penetration or rape. as the medical experts did not find any violence on her body or private parts and no spermatozoa was found in her vaginal swab it is ..... mr. p.k. biswas, learned counsel for the appellant made a brief submission that the materials on record undoubtedly project a case of attempt to commit rape on the minor girl by the appellant, but considering his age it is possible to take a view that he could not resist his sudden impulse for ..... section 164(5) of the criminal procedure code by sri. bikash debbarma, judicial magistrate, 1st class, agartala (p.w.-14). according to the said statement the appellant committed rape on her. however, at the end the investigation police officer submitted charge sheet against the appellant under sections 342, 354, 376 and 511 ipc. charge was ..... 5. when she returned to his house with a packet of bidi and the balance of rs. 1 in her hand, the appellant suddenly grabbed, disrobed and raped her.3. the mother, shocked as she was by such nasty, and inhuman act by her close neighbour, immediately informed the matter to her neighbours viz. .....Tag this Judgment!
Court : Guwahati
..... function vested on it, particularly in the instant case the said authority exercised the judicial function vested on it for trial of a civil offence like rape and it will be evident from the provisions of section 88 of the bsf act that the legislature empowered the security force court to take judicial ..... charged under section 46 of the bsf act for committing a civil offence that is to say an offence under section 376 of ipc for committing rape on laxmi tripura while he was an active duty and a member of disciplinary force like bsf, tried by the general security force court following the ..... gsfc failed to consider the medical evidence available on record from which no reasonable person can come to a finding that the accused officer/petitioner/appellant committed rape, non consideration of the same by the learned single judge itself is a ground for setting aside the judgment and order in the writ petition.(3 ..... charged under section 46 of the bsf act 1968 (for short 'the act') for committing a civil offence that is to say committed an offence of rape, punishable under section 376 ipc, for which f.i.r. was registered by the belonia p.s. thereafter a case was initiated by the bsf authority ..... champaknagar and offered her a bundle of currency and while she refused to accept the same the petitioner/appellant forced her down on the cot and committed rape on her and left the place after the sexual act, keeping his monkey, cap and stick in the house of lakshmi tripura and ultimately people gheraod .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2010SC235; 2010(2)BomCR472; JT2009(11)SC409; (2009)8MLJ658(SC); 2009(11)SCALE813; (2009)9SCC1; 2009(9)LC4151(SC):2009AIRSCW5909:2009(5)LHSC3204.2009(12)Scale813
..... a mentally retarded woman to undergo an abortion. the said woman (name withheld, hereinafter 'victim') had become pregnant as a result of an alleged rape that took place while she was an inmate at a government-run welfare institution located in chandigarh. after the discovery of her pregnancy, the chandigarh ..... physical or mental abnormalities as to be seriously handicapped.explanation 1. - where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.explanation 2. - ..... weeks of the gestation period. the explanations to this provision have also contemplated the termination of pregnancy when the same is the result of a rape or a failure of birth-control methods since both of these eventualities have been equated with a 'grave injury to the mental health' of ..... and perhaps does not anticipate the social stigma that may be attached to a child which will be born on account of an act of rape. furthermore, the medical experts who appeared before us also voiced the concern that the victim will need constant care and supervision throughout the pregnancy ..... fir has already been filed in the said matter and two security-guards from nari niketan are being investigated for their role in the alleged rape.30. the substantive questions posed before us were whether the victim's pregnancy could be terminated even though she had expressed her willingness to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1978SC1753; 1978CriLJ1804; (1979)1SCC212; 1SCR722; 1978(10)LC870(SC)
..... other part of her body. the men were released.2. on the 23rd february 1923, a man complained at the police-station that one dhani had committed rape on his daughter. he was immediately arrested and sent to modi for medical examination. he found a uniform layer of smegma covering the glands penis, gave ..... and c.w. 1/1 which are copies of exhibit c.w. 1/5 :- since i have no experience of conducting the examination of males in rape cases, i am not familiar either with the appearance or the smell of smegma. therefore, i cannot give any opinion whether the layer present on the glans ..... the murder of kaushalaya devi subject to confirmation by the high court and to imprisonment for life under section 376 of the indian penal code for committing rape on her but acquitted the other four persons who stood their trial jointly with the accused. the murder reference and the appeal preferred by the accused ..... -ii, medical officer incharge, nehru memorial hospital, abohar. memo. no. nl/special-1 dated 17-3-73 subject : medical legal examination of bhajan lal accused in rape and murder case. reference your letter no. 426 dated 15-3-73 on the subject noted above. regarding point no. 3 no special opinion by the undersigned is ..... ') on the night between the 14th and 15th of march, 1973 when his wife and children were away, the accused was tried for the murder and rape of the said girl. to start with, the police did not effect the arrest of the accused who from the evidence recorded in the case appeared to .....Tag this Judgment!
Court : Patna
..... the appellant is guilty of having committed a heinous crime. his depravity is established by the fact that taking advantage of the helplessness of the informant he attempted to commit rape on her. with such an intention he entered her house late in the night and caught hold of her in an attempt to make her sleep with him. one cannot ..... most. samshunisha the informant, was sleeping in her house with her minor son, since her husband was not present, entered the house of the informant with a view to commit rape on her. the informant resisted his attempt and in the process her minor son naushad woke up and clung to his mother out of fear. the appellant threatened the informant ..... district and sessions judge, chapra in sessions trial no. 175 of 1997 charged of offence under sections 302 and 376/511 of the indian penal code having attempted to commit rape on samshunisha and in the process killing her minor son naushad who clung to her out of fear at the time of occurrence. it appears from the order-sheet of .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2007CriLJ2645; 2007(1)MPLJ600
..... already undergone (about nine years).54. as regards the sentence, learned counsel for the appellants submitted that the appellants are illiterate poor tribals and the act of commission of rape with the prosecutrix was not preplanned, but it appears to be their spontaneous act. all the prosecutrix were major and looking to their medical report and at the time of ..... on consideration, we are of the view that there is no evidence on record that all the appellants had common intention and in furtherance of the same, committed rape and attempted to commit rape with the 4 prosecutrix. all the four prosecutrix have given statement regarding their sexual assault to them by different/different appellants. pw-2 has stated, as mentioned hereinabove ..... all reasonable doubt. in the case of shankarlal (supra), the conviction was based on circumstantial evidence. there was no eye-witness and the prosecutrix was murdered after commission of rape. the facts and circumstances of the present case are entirely different. the prosecutrix have appeared in the court and gave statements. their version is fully corroborated by the forensic science ..... at portion marked 'b to b' of identification memo (ex. p. 13). the prosecutrix, in the court, identified the appellant no. 3 kamji and no. 4 khemraj who committed rape on her. (see : para 18 of her deposition). this witness also identified the property of dacoity recovered from the accused persons in identification parade held by the sub-divisional magistrate .....Tag this Judgment!