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PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376-- Rape - Bail - No allegation that petitioner maintained relation with prosecutrix without her consent - Prosecutrix is about six years older than petitioner - Applicability of S.376 IPC would be moot point during course of trial - Petitioner is already in custody and his further incarceration does..........
ORISSA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 366A, 376(2)-- Kidnapping and rape - Conviction - Validity - Victim aged below 16 years - Accused, by false representation, instead of taking victim to park as suggested by him took her to distant place and there-from to other places - No evidence that victim had gone with consent of her lawful guardian -..........
DELHI HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, 90-- Rape - Consent - To be understood keeping in mind the provision of S.90 IPC according to which if consent is given under fear, coercion or misconception, it is not consent...........
DELHI HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 363, 366, 376-- Kidnapping and rape - Ossification test fixed the age of prosecutrix between 15-17 years - Consent of prosecutrix is not established as she was forcibly taken by appellants under threat and pressure and committed rape on her - Medical report shows that her hymen was missing and semen was detected..........
CHHATTISGARH HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent of prosecutrix - Prosecutrix stated that she being blind, sexual intercourse was committed on promise that appellant will marry her - Thus, consent was dependent on promise extended by appellant - Held, it cannot be said that prosecutrix freely agreed to submit herself in free and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 366, 376(2)(g)-- Kidnapping and gang rape - Acquittal - Validity - Accused persons alleged to have taken victim girl on false pretext that her uncle was looking for her and committed rape on her - Evidence of prosecutrix that all accused persons committed rape on her without her consent and forcibly corroborated..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114-- Gang rape - Absence of consent - Presumption as to - Prosecutrix deposed categorically that all six accused persons had raped her forcibly without her consent - Held, presumption can be drawn that she did not give consent to sexual intercourse committed on her by accused persons - Defence failed..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 375, Fourthly, 376, 120A, 34- - Rape - Consent - Prosecutrix did not know that accused was already married - She gave her consent for sexual intercourse due to her marriage performed with accused - Held, crime falls within purview of S.375 (fourthly) and offence u/s.376 prima facie made out - Parents of accused were residing..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376, 90-- Rape - Consent - Accused alleged to have committed sexual intercourse with prosecutrix on pretext that he would marry her - He refused to do so after she got pregnant - Held, consent of prosecutrix obtained under a misconception of fact - Accused liable to be convicted for offence of rape...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent - Requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent - Whether there was consent or not, is to be ascertained..........

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