moths is
missing. The Statement of Victim was recorded U/s 164 Cr.P.C on
08.02.2019. The Victim also disclosed ... Victim
disclosed in matriculation certificate of Victim "A".
Pertinently, the Victim has stated in her statement recorded U/s
1645
application, under Section 439 of the
3
Code of Criminal Procedure (hereinafter referred to as the
Cr.P.C '), which has been dismissed, vide ... statements of the witnesses
were recorded, under Section 161 Cr.PC. The documentary
evidence, with regard to the age of the child victim
been held that in a case under Section
376 IPC, when the question regarding the age of the victim
arises, then the evidence ... child and such preference
talks about the matriculation or equivalent certificates, if
available; and in the absence whereof; the date of birth
certificate from
from her statement,
recorded before the Court and statement u/s 164 Cr.P.C recorded by ld.
Magistrate, marrying before a qazi and filing ... prosecutrix is always
extremely important in cases under sections 363 / 366 / 376 IPC. Question
which requires to be considered is as to what
offence U/S 366/376 IPC but successfully
established the case U/S 363 IPC against the accused.
So far as the offences punishable under ... Prosecution case for the offences U/S 366/376 of the IPC but her
testimony is not trustworthy and do not inspire the confidence
State vs Kaishar Ali on 30 August, 2019
Equivalent citations: AIRONLINE 2019 DEL 1479, 2019
State Of Himachal Pradesh vs State Of Tamil Nadu on 13 September, 2022
Bench: Tarlok
Matriculation Certificate. In the last sentence of her
examination-in-chief, PW1, the victim has stated that in
her Matriculation Certificate 26.07.2004 is recorded ... stated that they established physical
relations.
14. Section 436A of the Code of Criminal
Procedure, 1973, provides that if an accused has already
undergone detention
claim of the appellant
in his statement made under Section 313 CrPC that the proseuctrix had gone
with him of her own free will ... Nikaah, hence, proving the
commission of offence punishable under Section 376 IPC.
9. As regards the contention of the appellant in respect to Section
Anju vs State Of U.P. on 4 May, 2016
Author: Ranjana Pandya
Bench: Ranjana
