Indian Penal Code, 1860, Section 417, 90 -- Sexual relationship - Refusal to marry - Sexual relationship was not in misconception of fact with regard to promise of marriage - Consent not based on fraudulent misrepresentation of marriage - In the absence of evidence to prove that prosecutrix had consented for physical relationship on a misconception of fact, mere refusal to..........
Indian Penal Code, 1860, Section 499, 501 -- Defamation - Accused had published news item against character and reputation of complainant - However, accused failed to prove any justification/reasonable excuse for publishing such a defamatory news item against complainant - Case does not come under any of exceptions enumerated u/s 499 IPC - Conviction upheld...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, Section 3, 5(1) -- Bail - Offence u/s 365 IPC and Ss.3, 5(1) of 2021 Act - Serious allegations of religious conversion is on record against accused - If this process is allowed to be carried out majority population of..........
Indian Penal Code, 1860, Section 363, 376 -- Kidnapping and rape - Victim is habitual to sexual intercourse - No visible injury found on the body of victim or on her private parts - There is no corroboration of statement of victim also by medical evidence - Accused and victim were recovered while they were walking together - PW10 at whose residence accused is said to have..........
Indian Penal Code, 1860, Section 376D, 34 -- Rape - Quashing of proceedings - Proceedings cannot be quashed merely on the basis of fact that victim has forgiven the accused - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 458, 354 -- Offence u/ss 458, 354 IPC - Non-examination of independent witness - Incident occurred in the house of complainant surrounded by houses from all the sides - It is highly unlikely that on complainant having raised loud hue and cry, no one else except examined related and interested PWs, would have arrived at the place of..........
Indian Penal Code, 1860, Section 458, 354 -- Offence u/ss 458, 354 IPC - Prosecution has intentionally tried to conceal the real genesis of the case - Prior altercations between family of accused and complainant and possibility of false implication of accused cannot be ruled out - From the discrepancies and inconsistencies in evidence of PWs, it can be concluded that..........
Indian Penal Code, 1860, Section 376 -- Rape - A relationship between two adult individuals does not justify sexual assault by one on his partner...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506 -- Rape - Quashing of FIR - Relationship between accused and prosecutrix in respect of indulging in sexual activities was not shown to be consensual to justify quashing of criminal complaint at the threshold - Allegations in the F.I.R. prima-facie constitute the commission of alleged offence - Defence of..........
Indian Penal Code, 1860, Section 376(2)(n), 506, Criminal Procedure Code, 1973, Section 482 -- Rape - On the false pretext of marriage - Prosecutrix on the date of developing physical relations with accused was a married lady - Relationship between them was thus, consensual one - No consent was obtained by accused on the basis of misconception of fact - Offence u/s 376 IPC..........
