Showing : 1-10 of 21 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 417, 504, 506(2)-- Rape - False pretext of marriage - Allegations in FIR do not on their face indicate that promise by accused was false or that prosecutrix engaged in sexual relations on basis of this promise - No allegation in FIR that when accused promised to marry prosecutrix, it was done in bad faith or with..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 417, 376-- Discharge - Cheating - Rape - False promise of marriage - Prosecutrix is a married woman and mother of a daughter, gave consent for physical relation with accused on promise and assurance to marry her and due to such promise she gave kulla talaque to her erstwhile husband to marry accused - Even..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 417, 419-- Rape - False promise of marriage - Love affair between parties - Promise to marry by cousin brother - Prosecutrix must be in full knowledge of fact that such marriage would never occur - Prosecution failed to substantiate charges levelled against accused beyond reasonable shadow of doubt - Accused..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420-- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by S.39 IPC is there..........
JHARKHAND HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 12(1)(c)-- Annulment of marriage - Consent obtained by force - Petition by husband - Husband on his own volition and undertaking solemnized marriage in background of their physical relationship and love affair before marriage so also institution of a criminal case by wife u/ss 376, 417 IPC against husband -..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 417-- Delayed FIR - Rape - Delay in lodging FIR explained by parents of prosecutrix, as FIR lodged when accused refused to marry prosecutrix and she was five months pregnant - Omission to mention in FIR that accused after initial incident frequently used to have physical relationship with prosecutrix in..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376-- Rape - Reduction of sentence - Trial Court awarded R.I for 3 years u/s 417 IPC and 10 years u/s 376 IPC to run concurrently - Since, conviction u/s 417 IPC is set aside, it would be fair to reduce the sentence for offence u/s 376 IPC to a period of 7 years - Amount of fine however, remains..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Medical Termination of Pregnancy Act, 1971, Section 3, Indian Penal Code, 1860, Section 366A, 376, 417, Protection of Children from Sexual Offences Act, 2012, Section 4, 5-- Termination of pregnancy - Consent of father - Kidnapping and rape - Victim girl though minor at the time of incident but major on the date of production before High Court - She was not willing to terminate her pregnancy and even person responsible for such pregnancy also submitted that he married..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 112, 114, Indian Penal Code, 1860, Section 376, 417-- DNA test - Rape case - Allegation that accused cohabited with prosecutrix on the false promise of marriage as a result she become pregnant and gave birth to a child - However, during cross-examination defence put a suggestion that accused has not fathered the child born to prosecutrix - In view of..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, 417-- Rape - Promise of marriage - Accused and prosecutrix both loved each other, believing their marriage would be performed in future - Prosecutrix specifically stated that only due to intervention of relatives of accused, he has not been able to marry her - It is quite clear that conduct of accused..........

Showing : 1-10 of 21 Results