Showing : 1-10 of 100 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90-- Rape - Consent - False promise to marry - If it is established and proved that from inception accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such assurance by accused that he will marry her, such consent..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376(2)(b), 420, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482-- Rape - Prosecutrix a widow fallen in love with accused and used to reside with him - Parties were in relationship with each other for quite some time and living together till she came to know that accused had married some other woman - Prosecutrix had taken a conscious decision after active..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Age of prosecutrix found to be above 18 years - Prosecutrix had gone along with accused willfully and remained with him for weeks together with her consent - Prima facie case of bail is made out - Moreover, in view of nature of evidence, period of detention already..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75-- Pre arrest bail - Offence u/ss 363, 376 IPC, Protection of Children from Sexual Offences Act, 2012, Ss.5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, S.75 - Minor - Consent of minor is not a valid consent - No circumstances to doubt genuineness of prosecution case - Offence..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 451, 506, Evidence Act, 1872, Section 35-- Rape - Determination of age of prosecutrix - Entry in general register maintained by School - School leaving certificate was issued by Headmaster on the basis of general register entry maintained in school - Entry in general register about date of birth of prosecutrix was made by concerned person..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Rape - Promise of marriage - Prosecutrix claimed in FIR that sexual relations were established when they were school students - Manifestly there is no allegation in the complainant's version regarding those sexual relations having been established by use of force or without her..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376-- Rape - Age of prosecutrix - Determination - Radiological age of prosecutrix was 14 years on the date of incident - Margin of 2 years on either side is granted to prosecutrix for determining her age, then she was above 16 years of age at the relevant time in 1984 - Under unamended S.375 IPC, age of..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 90-- Rape by maternal uncle - Promise of marriage - Consent under misconception of fact - Prosecutrix stated that after first physical relation accused made promise to marry her - First relation therefore made without such promise - It is clear that report is not lodged after first physical relation..........
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 -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6-- Abduction and rape - Sole testimony of prosecutrix - Prosecutrix in her statement recorded u/s 164 Cr.P.C. stated that she had gone of her own, but later she retracted from her statement for obvious reason that she succumbed to pressure of her parents - More so, prosecutrix changed three vehicles..........

Showing : 1-10 of 100 Results