Showing : 51-60 of 2055 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Rape - Consent - False promise to marry - Subsequent marriage between parties - Does not constitute compromise or settlement between accused and victim, rather it amounts to fulfillment of promise made by accused to prosecutrix - However, said fact can be taken into..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376-- Quashing of proceedings - Rape - Accused marrying complainant - Grave and serious offences as one u/s 376 IPC cannot be subject matter of quashment of proceedings on the ground of settlement between accused and victim - However, exception to said approach could be in cases where accused has..........
KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3(a), 4-- Kidnapping and rape - Settlement - Accused marrying complainant - Quashing of proceedings - Dispute settled amicably - Victim has no grievance against accused - Proceedings quashed, as otherwise it will detrimentally affect the family life of victim and even balance harmony that could be achieved..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Accused `R' took prosecutrix to a room where already two accused were there - All the three accused thereafter planned to outrage modesty of prosecutrix - Evidence of prosecutrix shows that two accused caught hold of her hand and feet and third accused committed rape - In these..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Reduction of sentence - Prosecutrix is a married lady - No injuries were caused to prosecutrix and accused later have not misused video clipping purportedly made at the place of occurrence - In these circumstances, sentence of life imprisonment as awarded to accused is reduced to 10..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(g)-- Gang rape - Mere consent of a woman to accompany a man to market in no way is sufficient to infer that she was a consenting party to perform sexual intercourse...........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(i)(I), (n), Protection of Children from Sexual Offences Act, 2012, Section 6-- Rape of deaf and dumb girl - MLC of prosecutrix does not show any forcible sexual assault on prosecutrix - Various contradictions and inconsistencies in statement of prosecutrix and material witnesses - Defence raised by accused that he has been falsely implicated, as his mother had filed a..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34-- Kidnapping and rape - Prosecutrix was not minor on the date of incident - She had voluntarily gone with accused as she never raised an alarm or tried to run away from place where she was allegedly kept by accused - Not only driver of vehicle in which accused allegedly taken away prosecutrix had..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34-- Kidnapping and rape - Age determination - Radiological examination - Margin of error is two years on either side - Benefit of age determination by ossification test goes to accused...........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 363, 366, 368, 376, 506, 34-- Kidnapping and rape - Determination of age of prosecutrix - Bone age of prosecutrix was between 14.5 to 16.5 years - Margin of error in age ascertained by radiological examination is two years on either side - Since Court can add 2 years to age of prosecutrix, it would not be proper to assume and..........

Showing : 51-60 of 2055 Results