Indian Penal Code, 1860, Section 376A, Protection of Children from Sexual Offences Act, 2012, Section 3, 5 -- Rape - Relationship between accused and prosecutrix was purely consensual in nature - Prosecutrix was not minor at the relevant time as per medical evidence - She changed her stand from stage to stage - No specification of date, time and months of sexual acts given..........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Marriage performed between parties 3 days after wife gave birth to child - Wife lodged a false complaint before police and police have forcibly taken husband to temple and forced him to marry with wife - Husband has not given his consent to marriage and marriage was not as per customs and rituals, as it was performed..........
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..........
Indian Penal Code, 1860, Section 376 -- Rape - On the pretext of marriage - Only a false promise to marry made with an intention to deceive a woman would vitiate woman's consent being obtained under misconception of fact - But, mere breach of promise cannot be said to be a false promise...........
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 482, Indian Penal Code, 1860, Section 306, 376, 420, 406, 120B -- Quashing of proceedings - Victim and accused used to chat on facebook and with passage of time developed love and intimacy and with consent of family members their marriage was settled - But appellant refused to marry victim before wedding and victim consumed some..........
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 376, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Compromise - Prosecutrix and accused are lovers and were living together for two years - Accused made a proposal to marry her and developed sexual relations with her and later on he refused to marry her and hence FIR was lodged - However, now prosecutrix has married..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Prosecutrix did not support prosecution case and deposed that she was in love with accused - Parents of prosecutrix wanted her to marry with an old man, hence she eloped with accused out of her own volition - They both performed..........
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..........
