Showing : 41-50 of 1815 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420-- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by S.39 IPC is there..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75-- Pre arrest bail - Offence u/ss 363, 376 IPC, Protection of Children from Sexual Offences Act, 2012, Ss.5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, S.75 - Minor - Consent of minor is not a valid consent - No circumstances to doubt genuineness of prosecution case - Offence..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Live-in-relationship-- Long cohabitation between parties - Offence u/s 376 IPC - Even if relationship is held to be consensual and petitioner is not held liable for offence alleged, he can be fastened with civil liability treating relationship to be de facto marriage in view of long cohabitation - This interpretation..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 451, 506, Evidence Act, 1872, Section 35-- Rape - Determination of age of prosecutrix - Entry in general register maintained by School - School leaving certificate was issued by Headmaster on the basis of general register entry maintained in school - Entry in general register about date of birth of prosecutrix was made by concerned person..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(h), 20, Evidence Act, 1872, Section 35, Indian Penal Code, 1860, Section 376, 451, 506-- Rape - Age of accused - Entry of name of accused in register maintained by school - Admissibility - Determination of age of accused - Rape case - AW1 produced the character certificate of accused and original register as well as carbon copy of school leaving certificate - Character certificate..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 451, 506-- Rape - Plea of juvenility - Accused allegedly entered into house of prosecutrix and thereby committed house trespass and rape on accused - Evidence of prosecutrix not shattered during her cross-examination and she is consistent that accused committed rape upon her - Age of prosecutrix is proved to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376-- Rape - Partial or slight penetration is sufficient to make an offence of rape - Depth of penetration is immaterial - Penetration may not always result in tearing of hymen and same will always depend upon facts and circumstances of a given case...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6-- Rape of 8 years old girl - Partial penetration - Accused did partial penetration upon child victim of 8 years, which fact is duly supported by MLR of child victim - Absence of semen cannot nullify sexual assault upon child victim, particularly, when there is a gap of 4 days in medical examination..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4-- Kidnapping and rape of minor girl by juvenile - Sole testimony of prosecutrix - Testimonies of parents of prosecutrix are hearsay - Contradictory statement was given by prosecutrix - Medical evidence also belies the story propounded by PWs, as marks of resistance on the body of prosecutrix were..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Rape - Promise of marriage - Prosecutrix claimed in FIR that sexual relations were established when they were school students - Manifestly there is no allegation in the complainant's version regarding those sexual relations having been established by use of force or without her..........

Showing : 41-50 of 1815 Results