Showing : 31-40 of 211 Results

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,..........
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..........

Showing : 31-40 of 211 Results