Showing : 91-100 of 208 Results

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...........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape - Minor girl - Plea of consensual sex - Victim was allured to accompany accused on false pretext that accused will be marrying with victim - Marriage was never solemnized and accused/appellant in the garb of marriage committed rape with her - Plea of consensual sex - Held, since victim was..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape - Proof - Held, if victim is below 16 years as on date of incident her consent in the act of sex is immaterial - In present case, victim was above 16 years of age, on the basis of school certificate as well as on the basis of Radiologist report - Any prudent person will come to conclusion..........
UTTARAKHAND HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376, 306, Evidence Act, 1872, Section 32-- Rape & abetment of suicide - Acquittal - Validity - Text of dying declaration does not suggest that rape had been committed forcibly or without consent of victim - Accused was nearly at least 5 years younger and he was not in a position to apply any force - Suicide was committed not because of..........

Showing : 91-100 of 208 Results