LawMirror.com

Results of consent of rape

Showing : 1-10 of 248 Results

GAUHATI HIGH COURT

Year of decision: 2020
Details

Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Absence of injuries on private parts of victim cannot be construed as evidence of consent - Even otherwise, under POCSO Act, consensual sexual intercourse between a child and an adult is not recognized...........

ORISSA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 376, 451, Evidence Act, 1872, Section 114A -- Rape - Absence of consent - Presumption as to - Victim stated that accused had gagged and forcibly undressed her to have sexual intercourse and when she cried he threatened to kill her and then gave assurance to marry her - Factum of incident gets support of her disclosure before her mother and..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406 -- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free..........

DELHI HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Two consenting adults establishing a physical relationship is not a crime and not an offence under IPC - Unless there is an affirmative, conscious and voluntary consent to engage in sex, same would constitutes an offence...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 375 -- Rape - Consent with respect to S.375 IPC involves an active understanding of circumstances, actions and consequences of proposed act...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 375 -- Rape - False promise of marriage - To establish whether consent was vitiated by a `misconception of fact' arising out of a promise to marry, two propositions must be established: (i) promise of marriage must have been a false promise given in bad faith and with no intention of being adhered to at the time it was given; and (ii) false..........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 376(2)(n), 506II, 90 -- Rape - False promise of marriage - Love affair - Prosecutrix continued to have physical relationship with accused even after knowing very well that he is not in a position to marry her - Consent for sex was not thus granted due to false promise of marriage...........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 376(2)(n), 506II, 90 -- Rape - False promise of marriage - Consent obtained by misconception of fact - Love affair between prosecutrix and accused - Prosecutrix was divorcee - It cannot be said that she was immature and was obvious of fact of life - Prosecutrix also knows that accused is already married and there is bleak possibility of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Marriage between prosecutrix and accused - Prosecutrix categorically stated that neither accused had kidnapped her nor committed sexual intercourse with her prior to her marriage - She was medico legally examined after 9 days of her marriage - In these..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was below 16 years of age at the time of incident - Accused admitted that he took away prosecutrix, lived with her for a month and during that period he entered into sexual relationship with her - Though accused stated that prosecutrix consented for sexual relationship, however, since the..........

Showing : 1-10 of 248 Results