Therefore,
while considering the prayer for bail in cases related to
rape/aggravated penetrative sexual assault upon a minor,
particularly, tender aged girl, the court ... juvenile to the danger of
retribution by the Society. In cases of rape with child, such
a possibility always exists. Where victim is a child
victim, the prosecution succeeded to
prove the ingredients of committal of rape & aggravated
penetrative sexual assault of the child victim aged seven years ... found that the prosecution has
succeeded in proving the charge of rape and aggravated
penetrative sexual assault committed by the Juvenile accused of
the child
established the fact the
accused/appellant committed the offence of rape, an aggravated
penetrative sexual assault with the minor victim below
stated that all the three appellants committed rape
upon her. There were, in all, five to six (5-6) persons. She
identified the appellants, namely ... Supreme
Court was pleased to hold that in an offence of rape or
aggravated sexual assault, the victim is not accomplice, but
her evidence ought
stated that all the three appellants committed rape
upon her. There were, in all, five to six (5-6) persons. She
identified the appellants, namely ... Supreme
Court was pleased to hold that in an offence of rape or
aggravated sexual assault, the victim is not accomplice, but
her evidence ought
prosecution was able to prove the charge of
commission of rape and aggravated penetrative sexual assault
by the appellant with cogent and reliable evidence ... court found the
testimony of the victim in respect of allegation of rape to be
trustworthy and reliable.
7. Mr. Bikramdeo Singh, learned counsel appearing
evidences on
record, found that the appellant has committed aggravated
penetrative sexual assault and rape upon the victim. Learned trial
court found
accused
committed rape on his elder daughter and consequently the
learned trial Court has held that the charge for the offence of
aggravated penetrative sexual ... sustainable. The
case in hand is a case of the aggravated penetrative sexual
assault/rape on a minor female child
Ekbal (the appellant) being the maternal grandfather of
the victim committed rape with her in his house and got her
abortion done with the help ... victim girl pregnant, due to the rape and this offence
would come within the definition of aggravated penetrative
sexual assault defined under Section
primarily dissect these principles into two
different compartments--one being the "aggravating
circumstances" while the other being the "mitigating
circumstances ... under
Section 354(3) CrPC.
Aggravating Circumstances:
(1) The offences relating to the commission of heinous
crimes like murder, rape, armed dacoity, kidnapping
