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RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Age of prosecutrix was 18 years at the time of incident - Prosecutrix denied her medico legal examination at the first instance and after a lapse of 3 months accorded consent for the same - It caused prejudice to the prosecution case - Testimony of victim is most unnatural,..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 227, 154-- Discharge - Rape case - Delay in lodging FIR or refusal to undergo internal medical examination cannot be made a ground for discharge by Court, particularly when in FIR and in statement of prosecutrix u/s 164 Cr.P.C., there are allegation of rape without her consent when she allegedly fell..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, 227, Indian Penal Code, 1860, Section 376, 328, 323, 506-- Discharge - Rape - Prosecutrix in her statement u/s 164 Cr.P.C. specifically narrated about first incident which was without her consent - Promise to marry was stated to be made at a much later stage - Even otherwise, trial Court was only required to consider whether prima facie case for framing..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366, 376, 120B-- Kidnapping and rape - Version of prosecutrix that she was subjected to forceful intercourse without her consent which contains material contradictions, improvements and omissions and does not inspire confidence and cannot be believed - Even medical evidence does not support prosecution story - No..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Medical Termination of Pregnancy Act, 1971, Section 3, 5-- Termination of pregnancy - Rape victim - Victim aged 35 years, a destitute woman, living in shelter home - Necessity of consent for termination of pregnancy is only of victim - There was no reason whatsoever to implead husband and father of victim, as concept of consent by a guardian in the case..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3-- Rape - Conviction - Appreciation of evidence - Age of prosecutrix - On the basis of school certificate, trial Court concluded that prosecutrix was minor at the time of incident though she was a consenting party in respect of sexual intercourse - But as consent of minor girl is of no consequence,..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376-- Rape - Promise to marry - Where both persons out of their own will and choice, develop consensual physical relationship and when relationship breaks due to some reason, women use law as weapon for vengeance and personal vendetta - Women tend to convert such consensual acts as incident of rape due..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376-- Rape - Consensual act - Prosecutrix caught in toilet by her maternal uncle in totally nude compromising position with accused - No injuries were found on body of prosecutrix - No signs of fresh sexual intercourse were noticed on genitals of prosecutrix - Matter was reported only because act was..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376-- Rape - False promise of marriage - Accused a married man developed physical relations with prosecutrix a divorcee, as a result of which she gave birth to twins - Physical relations were established on the assurance of accused to marry prosecutrix, as he had proclaimed himself to be widower -..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 342, 376D, 114-- Bail - Gang rape - Consent by prosecutrix under intoxication - Prima facie while considering post rape conduct of prosecutrix and her physical condition, it appears that she did not want to have sexual intercourse - However, if at all prosecutrix consented to it, said consent under intoxication is..........

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