Indian Penal Code, 1860, Section 417, 376 -- Cheating - Refusal to marry - Sexual relationship was not under misconception of fact, with regard to promise of marriage - Mere refusal to marry would not constitute offence u/s 417 IPC...........
Indian Penal Code, 1860, Section 376 -- Rape - False promise of marriage - Accused admitted his guilt in social meeting but he finally refused to marry her - But prosecutrix did not make any complaint against accused and allowed him to make physical relationship with her - She made complaint only after engagement of accused for marriage with another girl - Therefore,..........
Custody of major daughter -- Writ of habeas corpus - Petitioner/father of corpus sought her custody by filing writ petition - Daughter is hardly aged 18 year and 3 months and has developed relations with respondent and she wanted to marry him - She expressed her desire to go with her parents but also expressed her desire to maintain relationship with respondent - Parents..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376, 307, 420, 323, 120B, 328, 354, 34 -- Discharge - Rape - Consenting party - At this stage it cannot be concluded that complainant was a consenting party as it has to be ascertained only after a full fledged trial - Moreover there are no material to come to a finding that accused truely..........
Protection to life and liberty -- Live-in-relationship - Petitioners are major but boy is not of marriageable age - They are living in live-in-relationship and would marry as and when they would attain marriageable age - Their relationship is not acceptable to their family members and hence, they are being issued threat to them - Protection granted to petitioners as..........
Protection to life and liberty -- Live-in-relationship - Pre-requisite for a live-in-relationship is that couple must hold themselves out to society as being akin to spouses and must be of legal age to marry or qualified to enter into a legal marriage, including being unmarried...........
Indian Penal Code, 1860, Section 366A, 376 -- Kidnapping and rape - Testimony of prosecutrix - Allegation that when prosecutrix had gone to attend call of nature, accused shut the mouth of prosecutrix and forcefully got her seated on motorcycle - However, conduct of prosecutrix in accompanying accused even after commission of rape by them, boarding train with accused -..........
Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Additional evidence at appellate stage - Re-examination of victim - Rape of 17 years old girl - Victim clearly stated in her evidence that she was 17 years on the day of occurrence and accused had made a false promise that he would marry her and against her..........
Indian Penal Code, 1860, Section 366A, 376 -- Kidnapping and rape - Testimony of prosecutrix - Prosecutrix suppressed some material fact regarding her kidnapping and rape, as she never made any protest or alarm while travelling along with accused to different places nor she made any protest when she was voluntarily going on foot with accused to marry him - House inmates..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise to marry - Quashing of charge sheet - No allegation that promise to marry was false at the inception - On the contrary, it appears from contents of FIR that there was a subsequent refusal on the part of accused to marry which gave rise to the registration of FIR -..........
