Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Nothing is found that promise was there from inception of long standing relationship and prosecutrix engaged in sexual relations on basis of such promise - Rather, case would be an instance of consensual sexual relationship with subsequently turned..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of proceedings - Prosecutrix maintained sexual relationship with petitioner for 4 years before death of her husband, for 4 years after death of her husband and even after knowing about marriage of petitioner with another lady - Relationship between petitioner and prosecutrix..........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 227 -- Rape - Discharge - Prosecutrix made a consistent case in her complaint and statement recorded u/s.164 Cr.P.C. that accused under the pretext of promise to marry continued to have sexual relationship with prosecutrix despite knowing from inception that inter-caste marriage was not..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Indian Penal Code, 1860, Section 376, 323, 506 -- (Bharatiya Nyaya Sanhita, Ss.64, 115, 351), Protection of Children from Sexual Offences Act, 2012, Ss.4, 8, Criminal Procedure Code, 1973, S.311 (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Offence u/Ss. 376, 323, 506 IPC (Ss.64,115, 351 BNS) and 4, 8 POCSO Act - Recall of prosecutrix for further cross examination -..........
Indian Penal Code, 1860, Section 376(2)(n), 307, 324, 323, 504, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 376(2)(n), 307, 324, 323, 504, 506 r/w S.34 IPC - Quashing of proceedings - Agreement of surrogacy - Agreement is against public policy - Agreement of surrogacy is not legalized in India - Application u/s 482 Cr.P.C. rejected...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of proceedings - Offence u/s 376 IPC is undoubtedly a grave and heinous nature - Ordinarily, quashing of proceedings involving such offences on the ground of settlement between parties is discouraged and should not be permitted lightly - However, power of Court..........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of proceedings - Complainant engaged in a physical relationship alleging that appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
