Showing : 61-70 of 204 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376-- Rape - Consensual act - Testimony of prosecutrix - Prosecutrix herself admitted that she had friendship with accused - She voluntarily/willingly had gone with accused to various places - Prosecutrix did not raise any alarm while staying with accused - No material on record that prosecutrix was..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376-- Rape of a minor girl - Consent - Whether it is civil law or criminal law, consent of a minor is not treated as valid consent - Even when there is consent of girl below 16 years, the other partner in the sexual act is treated as criminal who has committed the offence of rape - Law leaves no choice..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376-- Rape of minor girl - Accused committed rape with 16 years old girl with her consent - Fact that prosecutrix was consenting party is not a mitigating circumstance to reduce the sentence as minor girl can be easily lured into giving consent for such an act without understanding the implications..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376- - Rape - Of a girl aged 16 years 3 months, without her consent - Delay in lodging FIR properly explained as prosecutrix did not inform the incident immediately and waited for 2 weeks to disclose to her mother as accused had taken her photographs and recorded her talk on mobile and threatened her..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376- - Rape - Consent of prosecutrix - Presumption - Once prosecutrix states in her evidence that she did not consent to the act of sexual intercourse by accused on her and was committed against her will and accused failed to adduce any defence evidence on this issue then presumption u/s 114-A of..........
DELHI HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376-- Rape - Live-i, relationship is not outside the purview of rape - Though accused can take the defence of consent as live-i, relationship constitutes a distinct class from marriage...........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Unimpeachable evidence of prosecutrix that two accused committed sexual intercourse with her without her consent - Minor discrepancy or variation in evidence will not make version of prosecutrix doubtful - Age of prosecutrix at the time of incident below 18 years - Since prosecutrix..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A-- Gang rape of 15 years old girl - Plea of consent - Victim in her statement stated her age to be 15 years - Prosecutrix was subjected to lengthy cross examination but her statement remained intact - In her statement she has categorically stated that she was raped against her will - Held, by no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Rape of 14 years old girl - Termination of pregnancy - Court permission - Required only in a situation where there is a conflict of whether pregnancy must be terminated or not or when the opinions of two medical practitioners themselves differ - It is hardly necessary in a situation where there is..........
KERALA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Rape victim giving birth to child - Proof of paternity - Petitioner did not consent for DNA test - Petitioner did not make effective denial of specific instance of intercourse - Total denial, evasively or casually, without making specifically a definite denial of the specific..........

Showing : 61-70 of 204 Results