Showing : 91-100 of 220 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 366, 376(2)(g)-- Kidnapping and gang rape - Acquittal - Validity - Accused persons alleged to have taken victim girl on false pretext that her uncle was looking for her and committed rape on her - Evidence of prosecutrix that all accused persons committed rape on her without her consent and forcibly corroborated..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114-- Gang rape - Absence of consent - Presumption as to - Prosecutrix deposed categorically that all six accused persons had raped her forcibly without her consent - Held, presumption can be drawn that she did not give consent to sexual intercourse committed on her by accused persons - Defence failed..........
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..........

Showing : 91-100 of 220 Results