Showing : 1-10 of 208 Results

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 consent or not is a subject matter..........
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..........
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..........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 90, 376-- Rape - Consent - Given by prosecutrix to sexual intercourse with person with whom she is deeply in love, on promise that he would marry her on later date - Consent cannot be said to be given under misconception of fact...........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Rape - Consent - False promise to marry - It is evident that accused has no fraudulent intention in making the promise as accused married the victim within a short period after the incident - Rather, in such circumstances what occurred was only acknowledged consensual..........
KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken into..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Mere consent of a woman to accompany a man to market in no way is sufficient to infer that she was a consenting party to perform sexual intercourse...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3-- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........

Showing : 1-10 of 208 Results