Showing : 31-40 of 220 Results

CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 90-- Rape by maternal uncle - Promise of marriage - Consent under misconception of fact - Prosecutrix stated that after first physical relation accused made promise to marry her - First relation therefore made without such promise - It is clear that report is not lodged after first physical relation..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376-- Rape - Love affair between parties - Prosecutrix being a major lady had love affair with accused and they enjoyed sex many time - She became pregnant but she did not even divulge such fact till the date of her delivery of a male child - It cannot be said that prosecutrix was subjected to forcible..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6-- Abduction and rape - Sole testimony of prosecutrix - Prosecutrix in her statement recorded u/s 164 Cr.P.C. stated that she had gone of her own, but later she retracted from her statement for obvious reason that she succumbed to pressure of her parents - More so, prosecutrix changed three vehicles..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 452-- Rape - Prosecutrix was minor on the date of commission of offence - Her consent therefore, not relevant - Delay in lodging FIR also not relevant, as at the time of commission of offence, parents of prosecutrix were not at home and she was all alone in the house - Incident was witnessed by PW11,..........
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,..........

Showing : 31-40 of 220 Results