Showing : 91-100 of 211 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 375, Fourthly, 376, 120A, 34- - Rape - Consent - Prosecutrix did not know that accused was already married - She gave her consent for sexual intercourse due to her marriage performed with accused - Held, crime falls within purview of S.375 (fourthly) and offence u/s.376 prima facie made out - Parents of accused were residing..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376, 90-- Rape - Consent - Accused alleged to have committed sexual intercourse with prosecutrix on pretext that he would marry her - He refused to do so after she got pregnant - Held, consent of prosecutrix obtained under a misconception of fact - Accused liable to be convicted for offence of rape...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent - Requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent - Whether there was consent or not, is to be ascertained..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376, 366, 346-- Rape & Kidnapping - Proof of age - No birth certificate produced by prosecution - Ossification test report showing bone age of prosecutrix between 16 or 17 or there may be variation of 2 years on either side - It may be 19 years as well - Held, if two views are possible with regard to a particular..........
GAUHATI HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376(1)-- Rape - Conviction - Validity - Accused a married man, developed physical relationship with prosecutrix who was aged about 12 years when accused had sexual intercourse with her - Held, act of accused sufficient to constitute offence of rape as being minor, victim was incapable of giving valid..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Consent - Proof - Accused alleged to have kidnapped prosecutrix and then committed rape on her - Testimony of prosecutrix shows that she was in contact of accused prior to incident and used to frequently meet and indulge into sexual intercourse with accused - Though..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376(2)(g), Evidence Act, 1872, Section 114A-- Gang rape - Consensual sex - There is presumption as to absence of consent in case of gang rape - Consent is not possible in case of gang rape...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape - Plea of false implication - Accused cannot be acquitted on the ground of consent in the absence of such a defence and evidence in support thereof - Suggestion of false implication put to PW2 and same denied - Held, defence of accused that he was falsely implicated on account of a quarrel..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent - False promise of marriage - Obtaining consent by exercising deceit, cannot be legitimate defence to exculpate an accused...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent - Unless there is voluntary participation by the woman to a sexual act after fully exercising the choice in favour of assent, Court cannot hold that the woman gave consent to the sexual intercourse...........

Showing : 91-100 of 211 Results