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Results of consent of rape

Showing : 71-80 of 248 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was enticed by accused and subjected to rape on the pretext of marriage - She was below 16 years at the time of occurrence and was removed from the lawful guardianship of her parents without their consent - Prosecutrix recovered from the house of DW1 - Promise of solemnization of marriage..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 376 -- Rape - Consent - Age of prosecutrix - School certificate of prosecutrix not proved - X-ray report is not sufficient to prove age of prosecutrix in absence of examination of doctor - Prosecution totally failed to prove beyond reasonable doubt that prosecutrix was less than 16 years of age at the time of incident - High Court,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 376 -- Rape - Plea of false promise of marriage - Living relationship between prosecutrix and accused - Prosecutrix, a widowed lady, is approximately 10 years elder to accused - Accused and prosecutrix living together for about 7 months prior to lodging of FIR - No evidence on record to prove consent of prosecutrix had been obtained by..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 376 -- Rape - Consent of a woman is prime consideration in cases involving allegation of rape...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 366, 376 -- Abduction and rape - No evidence on record that prosecutrix was adducted or forcibly raped by accused without her consent - Material improvements in version of prosecutrix - Prosecutrix and accused stayed together in the hotel for about 11-12 days - Photographs of prosecutrix and accused posing comfortably and in happy mood..........

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 allured to come along with accused under..........

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 to him and he cannot plead that the..........

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 thereof - Such consent, therefore, is..........

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 from raising any kind of alarm -..........

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 evidence Act has to be drawn against..........

Showing : 71-80 of 248 Results