(A) Criminal Procedure Code, 1973—Sections 41, 42—(Indian) Penal Code, 1860—Sections 363, 366, 376-D—Protection of Children from Sexual Offences Act, 2012—Sections 3, 4—Rape—Arrest—Police not arresting accused on pretext that no arrest to be effected merely on basis of FIR—and stating that after recording statements of witness including accused and prosecutrix under Section 161 Cr.P.C. IO will decide whether arrest is necessary—Procedure unknown to criminal jurisprudence—Further such procedure not being followed by Investigating Agency in State of Uttar Pradesh in all such cases—Bonafide of police officer doubtful—Accused directed to be arrested. [Paras 18, 19 and 21](B) Delhi Special Police Establishment Act, 1946—Sections 5, 6—Investigation—Direction to CBI—Can be given by writ Court even in absence of consent of State—However such extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes nec...

India - Allahabad

R VS Lichniak - 25 Nov 02

Mandatory life sentence for murder has a denunciatory value, expressing society s view of a crime which has long been regarded with peculiar abhorrence.

India - Supreme Court

Laxman Naik VS State of Orissa - 22 Feb 94

(i) Indian Penal Code, 1860 - Sections 302 and 376 - Conviction under - Appeal. Offence of committing rape and soon after murder of the victim in a forest - Accused is an agnate and paternal uncle of the deceased, a girl of 7 years of age - No eye-witness - Only circumstantial evidence - Death due to asphyxia by throttling - Medical evidence revealing forcible sexual assault just before her death - Accused absconded and could be apprehended only after about 14 months - On the day of occurrence the accused had commanded the deceased to accompany him to the village. Misrepresentation and intentional false statement of the accused as to the whereabouts of the deceased - Dead body recovered from a jungle. One underwear stained with blood belonging to the accused was lying near the dead body - Seizure of wearing apparels of the deceased completely smeared with blood - Serious bleeding injury in her. private part - Circumstances established are of exclusive nature consistent only with the hy...

India - Crimes


Indian Penal Code, 1860-Sections 376 and 300-Indian Evidence Act, 1872-Section 3-Rape and murder-case based on circumstantial evidence-presence of blood tallying with blood group of deceased on clothes of accused-accused failed to explain these circumstances-case of persecution proved.Indian Penal Code, 1860-Sections 376 and 300, Indian Evidence Act, 1872-Section 3-Rape and murder-establishing charge of rape would automatically prove greater charge of murder-as such conviction on charge of rape would lead conviction for greater charge of murder.

India - Karnataka

Nilesh Vijay Dhumal VS State of Maharashtra - 13 Nov 13

Indian Penal Code, 1860 - Kidnapping, rape on minor girl and murder - Conviction. - Where prosecution was found able to proved its case that accused took victim minor girl on some pretext murdered her after committing rape wish her; accused were held guilty of alleged offences of kidnapping, rape and murder.

India - Maharashtra

Gangadhar s/o Hushan Deshbratar VS State of Maharashtra - 12 Aug 09

Indian Penal Code, 1860—Sections 302, 304, Part-I and 376—Rape and murder—Rape of wife of younger brother—Victim set herself on fire when appellant poured Kerosene oil on her—Evidence of son of deceased not corroborated by medical or other evidence—Conviction under Sections 376 and 302 altered to u/s 304, Part-I—Sentence accordingly reduced. (Paras 12, 14 and 15)

India - Maharashtra


Indian Penal Code, 1860, Sections 375 and 511 - Army Act, 1950, Section 70 - Jurisdiction of Court Martial-Appellant convicted in the proceeding of court martial for attempt to commit rape- Contention that Court Martial had no jurisdiction as barred under Section 70- High Court rightly rejected the contention, holding that bar was regarding offence of rape and not regarding attempt to rape- Rape as defined under Section 375 of the Indian Penal Code, is different and distinct from attempting to commit rape. Order of the High Court upheld.[Para 2]

India - Supreme Court


Juvenile Justice (Care and Protection of Children) Act, 2000—Section 12—(Indian) Penal Code, 1860—Sections 376 and 302—Juvenile Justice Act, 1986—Section 18(1)—Bail—Juvenile—Rejection of—In view of Act, 2000 exposure of juvenile to moral, physical and psychological danger made a ground to refuse bail—Bail can also be refused on ground that release would defeat ends of justice—Rape cannot be treated to be an act—Which can be dubbed as a child’s mistake committed during youthhood/adolescence—It is an act motivated with passion to ravish somebody’s modesty—Ends of justice not defined under the Act—But anything that militates against justice would result in defeating ends of justice—Consequently, offence like rape with child followed by murder, anti-national/sedition—Section 12 not interpreted in a manner so as to give advantage to only juvenile in conflict with law—Impugned order upheld. [Paras 13, 17, 22, 23 and 29]

India - Allahabad

Shankar Kisanrao Khade VS State of Maharashtra - 25 Apr 13

Constitution of India,1950 - Article 15 (3) – Indian Penal Code,1860 - Sections 363, 366-A, 376, 302, 201 read with Section 34 – Criminal Procedure Code,1973 - Section 354 – Investigation – punishable - appeals are as follows: The deceased, a minor girl, aged about 11 years was living with her grandmother (PW-13) at Gunwant Khandare in Gunwant Maharaj Sansthan at Lakhnwadi. On 20.7.2006, in the evening, both the accused came to Sansthanand stayed there. On seeing the minor girl the accused and his wife offered mango sweets. On the morning of 21.07.2006 also the accused offered her sweets and attracted her attention. At about 12.00 Oclock on the same day, both the accused and his wife induced her to come with them and the girl accompanied them. PW-13, the grandmother of the girl child was informed by some of the ladies residing in the neighbourhood that they saw the girl being taken away by the first accused towards the place called Puja - Dhuni. PW-13 met village Madhan and informed hi...

India - Supreme Court

Satish Thakur VS State of Bihar (Now Jharkhand) - 21 Feb 03

Indian Peal Code,1860 – Section 376(2)(g) – gang rape – for an earlier incident of rape and murder gang rape of mother and daughter in a most merciless manner categoric deposition of victim corroborative by ocular evidence of informant who helplessly witnessed the bestiality meted out to the mother and daughter – appeal dismissed (paras 17 to 21)

India - Jharkhand