Showing : 1-10 of 1839 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90, Evidence Act, 1872, Section 3-- Rape - Consent - False promise to marry - Intention from beginning not to marry - Marriage of accused was fixed long back and despite the same accused gave promise/false promise and alluded prosecutrix to give her consent for physical relationship - Courts below rightly held that consent given by..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376-- Rape - Consent - False promise to marry - Merely because accused is now married and/or even that prosecutrix has subsequently married - Not a ground not to convict accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 90-- Rape - Consent - False promise to marry - If it is established and proved that from inception accused who gave promise to prosecutrix to marry, did not have any intention to marry and prosecutrix gave consent for sexual intercourse on such assurance by accused that he will marry her, such consent..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3-- Rape - Appeal against conviction - Appreciation of evidence - Prosecution failed to prove case against accused beyond reasonable doubt due to following reasons : (i) prosecutrix not examined by doctor after alleged incident; (ii) in absence of any medical examination done, prosecution not examined..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 498A, 354, 354B, 376D, 34-- Harassment for demand of dowry - Allegation against sister of husband as well as her husband - No particulars about date, month or detail of said demand mentioned - Allegations not substantiated during investigation - Sister (Nanad) and her husband (Nandoi) discharged - Order upheld...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3-- Rape and murder of minor girl aged 7-1/2 years - Appreciation of evidence - As per evidence on record, accused was last seen together with victim as accused gave 1 rupee coin to victim and told one of the witness who was with victim to go away, thereafter dead body of victim was found near house..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(f), 201, Protection of Children from Sexual Offences Act, 2012, Section 5(i), 5(m), 5(r), 6, Evidence Act, 1872, Section 3-- Rape and murder of minor girl aged 7-1/2 years - Death penalty - Rarest of rare case - Offence committed by accused though brutal and grave but does not warrant death sentence - As, accused is not a previous convict or professional killer - Even, at the time of commission of offence he was 19..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6-- Rape - DNA test - Evidence of doctor shows that she has taken blood sample of accused when he was referred to her while discharging her duties - Unless contrary is proved when a Medical Officer discharges her duty, it has to be ruled that she has followed procedure and has taken precaution for..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6-- DNA test - Most reliable test to prove fact of sexual intercourse and it can be basis of conviction of accused...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 228A, 376, 376A, 376AB, 376B, 376C, 376D, 376E, Protection of Children from Sexual Offences Act, 2012, Section 33, 37-- Disclosure of identity of victim - Rape victim or victims of sexual abuse - Death of victim or victim of unsound mind - Identity of said victim should not be disclosed even under authorization of next of kin, unless circumstances justifying disclosure of her identity exist, which shall be decided..........

Showing : 1-10 of 1839 Results