Sex with a married man with knowledge of his marriage is not rape on Promise to marry: MP High Court

It is not believable that the accused gave a false promise to marry her and persuaded her to make sexual relationship with him. It is also not proved that consent of prosecutrix has been obtained by misrepresentation and misconception of facts. Prosecutrix is a major woman, competent to give consent as per her will. For Read More …

Consent defined in rape on promise to marry: Supreme Court 2005

CASE NO.: Appeal (crl.) 44 of 2004 PETITIONER: Deelip Singh @ Dilip Kumar RESPONDENT: State of Bihar DATE OF JUDGMENT: 03/11/2004 BENCH: P. VENKATARAMA REDDI & P.P. NAOLEKAR JUDGMENT: JUDGMENT P. Venkatarama Reddi, J. The appellant has been charged and convicted under Section 376 IPC for committing rape of a minor girl (figured as PW12 Read More …

Court has a duty to guard itself against false charges of rape : Allahabad High Court 2018

 Court has a duty to guard itself against false charges of rape the age old axioms which run like a golden thread through our criminal jurisprudence. They are that the accused is presumed to be innocent unless proved guilty, the quality of proof must be beyond any reasonable doubt, the Court must be morally certain Read More …

Man acquitted as Consensual sex with difference in opinion turned into Rape Case: Kerala HC 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938 CRL.A.No. 578 of 2012 () ————————- AGAINST THE JUDGMENT IN SC 125/2010 of ADDL.SESSIONS COURT (ADHOC)-II, ERNAKULAM DATED 21-04-2012 APPELLANT/ACCUSED :- ———————– RATHEESH, AGED 31, S/O. RAMACHANDRAN, PANAYACKYAPPADAM HOUSE, KUTHAPPADY TEMPLE, PONNURUNNI Read More …

Brother accused of rape by his own sister gets bail: Delhi HC

Sister acused his brother of forcibly entering inside the room and started doing illicit activities with her. He put his hands inside her clothes; put his finger inside her vagina Various litigation are pending between the two. The complainant has filed proceedings under Section 12 of Domestic Violence Act. * IN THE HIGH COURT OF Read More …

educated women having sex multiple times on promise of marriage is not rape: Kerala High Court 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938 CRL.A.No. 578 of 2012 () ————————- AGAINST THE JUDGMENT IN SC 125/2010 of ADDL.SESSIONS COURT (ADHOC)-II, ERNAKULAM DATED 21-04-2012 APPELLANT/ACCUSED :- ———————– RATHEESH, AGED 31, S/O. RAMACHANDRAN, PANAYACKYAPPADAM HOUSE, KUTHAPPADY TEMPLE, PONNURUNNI Read More …

continuation of proceeding of rape against the petitioner, who is juvenile, is totally unwarranted and is an instance of abuse of process of law: MP High Court

M.Cr.C. No.13169/2009 16.04.2013 Shri Sharad Verma, Advocate with Shri Lalit Pandey, Advocate for the petitioner. Shri Akshay Namdeo, Panel Lawyer for the respondent/State. Present petition has been preferred seeking quashment of FIR dated 26/04/2009 registered at Crime No. 12/2009 at Police Station AJJAK, District Sidhi under section 376 IPC read with section 3(2)(v) of Scheduled Read More …

prosecution case appears to be a bundle of incorrect facts: Allahabad High Court

A.F.R. RESERVED Court No. – 27 Case :- CRIMINAL APPEAL No. – 1504 of 2013 Appellant :- Bhopal Singh & Another Respondent :- State Of U.P. Counsel for Appellant :- Ashish Agrawal,Brijesh Sahai,Rajesh Kumar Srivastava Counsel for Respondent :- Govt. Advocate Hon’ble Mrs. Ranjana Pandya,J. 1. Challenge in this appeal is to the judgment and Read More …