Indian Penal Code, 1860, Section 376(2)(n) -- Rape - On the pretext of marriage - Prosecutrix was in physical relationship with accused for nearly about 5 years - On the date of incident, prosecutrix went along with accused to a hotel - It cannot be said that her consent was obtained by misconception of fact - When accused was not acceding to request of prosecutrix for..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 376(2)(N), 342 -- Bail - Kidnapping and rape - Accused is aged about 35 years and working as teacher in the school where prosecutrix studied - Prosecutrix just turned major - Considering age difference between accused and prosecutrix, it can be presumed that accused was in a position to..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - False promise of marriage - Prosecutrix being a married woman and mother of three children was matured enough to understand the significance of moral or immoral quality of act she was consenting to - Moreover, prosecutrix had gone to stay with accused during subsistence of her marriage with her husband - Prosecutrix knows..........
Indian Penal Code, 1860, Section 375 -- Rape - Word `consent' is prefixed with `without' and word `willingness' is prefixed with `against'...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Victim was just above 17 years - Consent if any pales into insignificance - Even if consent is presumed, willingness was absent as indicated by medical examination report of victim - Act was resisted by..........
Indian Penal Code, 1860, Section 376, 450, Evidence Act, 1872, Section 3 -- Rape - Appreciation of evidence - Evidence of prosecutrix is consistent with statements made in FIR - Not even a suggestion is given to prosecutrix that there was a consent by prosecutrix - Moreover, contradictions sought to brought on record in evidence of prosecutrix are of insignificant nature..........
Indian Penal Code, 1860, Section 376 -- Rape - Promise to marry - If a man retracts from his promise to marry a woman, consensual sex they had, will not constitute an offence of rape u/s 376 IPC unless it is established that consent for such act was obtained by him by giving a false promise of marriage with no intention of being adhered to and that promise made was false..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(N), 417, 420, 323, 384, 506, 109 -- Bail - Rape - Consent between de facto complainant and accused - When de facto complainant felt that relationship between her and accused is not going to work out, she filed the complaint - Bail granted...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Consent given by prosecutrix for alleged physical relationship being a minor cannot be treated as a consent in the eyes of law...........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - False promise of marriage - Prosecutrix was more than 18 years of age at the time of incident - Accused stayed in the house of prosecutrix as tenant for eight months before being ousted - Prosecutrix was aware about marital status of accused while she continued to have sexual relationship with him - Relationship..........
