Showing : 71-80 of 211 Results

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..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent - Supposes three things: (i) a physical power; (ii) a mental power and; (iii) a free and serious use of them - If consent be obtained by intimidation, force, mediated, imposition, circumvention, surprise or undue influence it is to be treated as a delusion and not as a deliberate..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376(1)-- Rape - Maid servant sexually exploited on promise of marriage - Accused an aged and married person having two wives and children and all residing in the same house where alleged incident took place but on no occasion anybody did get a trace of it - Prosecutrix did not disclose it to anybody till..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376-- Rape - Prosecutrix alleges that accused committed rape on her on the false promise of marriage - Prosecutrix highly educated city bred girl of 26 years goes to Australia for studies and got engaged to accused and live separately in a shared household with accused - This is indeed unbelievable and..........

Showing : 71-80 of 211 Results