Showing : 1-10 of 72 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 375-- Rape - False promise of marriage - To establish whether consent was vitiated by a `misconception of fact' arising out of a promise to marry, two propositions must be established: (i) promise of marriage must have been a false promise given in bad faith and with no intention of being adhered to at..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376, 417, 504, 506(2)-- Rape - False pretext of marriage - Allegations in FIR do not on their face indicate that promise by accused was false or that prosecutrix engaged in sexual relations on basis of this promise - No allegation in FIR that when accused promised to marry prosecutrix, it was done in bad faith or with..........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(n), 506II, 90-- Rape - False promise of marriage - Love affair - Prosecutrix continued to have physical relationship with accused even after knowing very well that he is not in a position to marry her - Consent for sex was not thus granted due to false promise of marriage...........
MADHYA PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 376(2)(n), 506II, 90-- Rape - False promise of marriage - Consent obtained by misconception of fact - Love affair between prosecutrix and accused - Prosecutrix was divorcee - It cannot be said that she was immature and was obvious of fact of life - Prosecutrix also knows that accused is already married and there is..........
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..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 366, 376, 506-- Kidnapping and rape - Victim is a major and she eloped with accused in a preplanned manner and in order to make out a case of her abduction she has implicated other accused as well - No allegation against accused that they abducted victim to compel her to marry any person against her will or she..........
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..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 417, 376-- Discharge - Cheating - Rape - False promise of marriage - Prosecutrix is a married woman and mother of a daughter, gave consent for physical relation with accused on promise and assurance to marry her and due to such promise she gave kulla talaque to her erstwhile husband to marry accused - Even..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 313, 506, 120B, 34-- Bail - Rape case - False promise of marriage - Accused and prosecutrix lived together for some time and she became pregnant and aborted many times - Statement of prosecutrix already recorded - Without expressing any opinion on merits of case and keeping in view the fact that conclusion of trial..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376, 417, 419-- Rape - False promise of marriage - Love affair between parties - Promise to marry by cousin brother - Prosecutrix must be in full knowledge of fact that such marriage would never occur - Prosecution failed to substantiate charges levelled against accused beyond reasonable shadow of doubt - Accused..........

Showing : 1-10 of 72 Results