Showing : 181-190 of 1675 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(g), 354, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(2)(v), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12-- Bail - Rape - Prosecutrix totally gave up allegations levelled against co-accused and was declared hostile - She made farfetched and uncorroborated allegations against accused - Benefit of bail granted to accused - Application allowed...........
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..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376, 328-- Rape - Promise to marry - Appeal against acquittal - Leave to appeal - Prosecutrix is star witness of case and she has not supported prosecution version - She is adult lady aged 27 years and was having friendly relations with accused - Prosecutrix stated that FIR was got registered against accused..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376D, Criminal Procedure Code, 1973, Section 154-- Gang rape - Delayed FIR - Prosecutrix claims that she has disclosed incident to her sister after 1 month from incident - However, FIR registered after delay of 3 months 9 days - No explanation given for waiting for another 2 months to approach police - This unusual and improbable conduct of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376D-- Gang rape - Sole testimony of prosecutrix - No evidence on record that prosecutrix was less than 18 years of age on date of incident - Prosecutrix did not allow her internal examination - She never resisted accused nor refused to sit on bike of accused - She did not raise any alarm nor attempted..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376-- Rape - Consensual act - Prosecutrix caught in toilet by her maternal uncle in totally nude compromising position with accused - No injuries were found on body of prosecutrix - No signs of fresh sexual intercourse were noticed on genitals of prosecutrix - Matter was reported only because act was..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 363, 366A, 376, 511-- Kidnapping Attempt to commit rape - Attempt made for forcible sexual intercourse but accused could not accused - Unbelievable when prosecutrix was at the mercy of accused for a period of three days - Two conclusions which can be drawn are : (i) accused did not try to establish sexual relations;..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376D, 342, 506-- Delayed FIR - Rape - Complaint made after delay of 22 days and it was admitted by prosecutrix that no threats were extended during that period - Even thereafter prosecutrix chose to approach lawyer first and not police and waited for another 3 days as lawyer was busy - First person to confide in..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376D, 342, 506-- Rape on married woman - Testimony of prosecutrix is contradictory on vital aspects and itself belied by other prosecution evidence - No corroborating evidence forthcoming - It is highly improbable that rape was committed inside a running office which comprises of 6 cabins having transparent walls..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 376D, 342, 506-- Rape on married woman - Initiation of false proceedings - Prima facie there was conscious and deliberate effort to misuse the process of law to initiate false proceedings against accused - Prosecutrix and her brother-i, law PW6 connived and have given patently false evidence in Court - Trial Court..........

Showing : 181-190 of 1675 Results