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DELHI HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 407 -- Transfer of rape case - Mere apprehension of victim cannot be a ground for transfer of case to POCSO Courts and/or presided by woman Judge, even though offence does not involve provisions of POCSO Act...........

MADHYA PRADESH HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376(2)(j), 376(2)(n), 366 -- Rape - Voluntary and consensual relationship - Uncertainty relating to age of prosecutrix raises a benefit of doubt in favour of accused - Accused acquitted...........

JAMMU AND KASHMIR AND LADAKH HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape - Prima facie or reasonable ground to believe that accused has committed offence of rape upon prosecutrix - Offence in question is grave by its nature - Prosecutrix during in her deposition before trial Court not..........

BOMBAY HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376 -- Rape - Discharge - Love affair between parties for prolonged period of 8 years - Prosecutrix is sufficiently of matured age to be conscious of relationship, both physical and mental - Merely because relationship between parties had now turned sour, it cannot be inferred that physical relationship established with her on every..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376(2)(D), 506, 34 -- Rape - Incriminating evidence not put to accused in their statement recorded u/s 313 Cr.P.C. - Same cannot be considered by Court - Judgment of acquittal set aside - Matter remanded...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 366, 376, 302 -- Kidnapping, rape and murder - Enhancement of sentence - On the date of conviction accused was 27 years of age and he had a wife and small child as well as aged parents - He committed first offence and accused has no criminal antecedents - However, this is a case where a fixed term sentence for a period of 30 years must be..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2023
Details

Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Testimony of prosecutrix is complete and 7 out of 14 witnesses have been examined - Accused is a young boy of 21 years and is in custody for the last more than 1-1/2 years - Trial is likely to take long time - Bail granted to accused with conditions...........

BOMBAY HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape of 5 years old girl - Mere non-examination of parents of victim would not create any dent in prosecution case as aunt of victim has stepped into witness box, as act complained of was first revealed to her by victim - Accused rightly convicted...........

BOMBAY HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Rape of 5 years old girl - Testimony of victim inspires confidence - Medical evidence supports the version of victim - Accused failed to bring any material to establish the plea of false implication - Accused rightly convicted...........

KERALA HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376(1), 376(2)(n), 90 -- Rape - Consent - False promise of marriage - Victim fell in love with accused - Material on record shows that accused had never intended to marry victim and procured her consent only for having sexual relations with her, which falls under definition of rape - Pleadings of victim point to the fact that her consent to..........

Showing : 61-70 of 2865 Results