[Rape] Consent Can't Be Assumed Even If Woman Is Of Bad Character/ Vulnerable: Karnataka HC Cancels Anticipatory Bail Of Accused Police Constable
2 years, 8 months ago

[Rape] Consent Can't Be Assumed Even If Woman Is Of Bad Character/ Vulnerable: Karnataka HC Cancels Anticipatory Bail Of Accused Police Constable

Live Law  

The Karnataka High Court has set aside the anticipatory bail granted to a police constable accused of sexually assaulting a women over a period of three years under the false promise of marriage.While doing so, a single judge bench of Justice HP Sandesh further observed that the trial court had erred in forming an opinion at the stage of pre-arrest bail that since the complainant had. The Karnataka High Court has set aside the anticipatory bail granted to a police constable accused of sexually assaulting a women over a period of three years under the false promise of marriage. The alleged accused approached the Sessions Court by filing a petition under Section 438 of CrPC which granted anticipatory bail in coming to the conclusion that the complainant is aged about 27 years and had physical relationship with respondent No.2 for all these three years which amounts to consensual relationship. The bench noted that the order passed by the Trial Court without looking into the allegations made in the complaint and without assigning any reasons, granted bail that too when a serious offence of Section 376 IPC is invoked against respondent No.2, who happens to be a Police Constable.

Relationship Court Bail Order Accused Complainant Complaint Kar Three Years Consensual Relationship Hc Cancels Physical Relationship  relationship  sessions  vulnerable  cant  accused  character  woman  order  constable  respondent  rape  court  trial  consent  complainant  bail  complaint  hc  cancels  karnataka

History of this topic

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
3 days, 21 hours ago

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case

Live Law  

The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed, “The anticipatory bail, the extraordinary privilege, should be granted only …

Once Chargesheet Is Filed, Ticking Of Clock With Regard To Statutory Bail Automatically Stops: Karnataka High Court
1 week ago

Once Chargesheet Is Filed, Ticking Of Clock With Regard To Statutory Bail Automatically Stops: Karnataka High Court

Live Law  

While denying regular bail to a rape accused, the Karnataka High Court observed that once the chargesheet is filed within the stipulated time of 60 days from the date of the complaint, the right to seek the statutory bail extinguishes. "It is needless to emphasise that once the charge sheet is filed ticking of the clock with regarding to statutory …

In-Laws Who Tortured Daughter-In-Law Cannot Walk Away Scot-Free Even If Charge For Demanding Dowry Is Dropped In Chargesheet: Karnataka HC
1 week ago

In-Laws Who Tortured Daughter-In-Law Cannot Walk Away Scot-Free Even If Charge For Demanding Dowry Is Dropped In Chargesheet: Karnataka HC

Live Law  

The Karnataka High Court has refused to quash a criminal case against the in-laws of a woman who had tortured her. This being the observation in the summary of the charge sheet, merely because the offences under the Dowry Prohibition Act is dropped, it would not mean that mother-in-law and father-in-law, who have tortured the daughter-in-law, could walk away scot-free.” …

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape
1 week, 3 days ago

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape

Live Law  

The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination. Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix …

Constable arrested on charges of raping Dalit pregnant woman in front of her three-year-old son in Rajasthan
1 week, 4 days ago

Constable arrested on charges of raping Dalit pregnant woman in front of her three-year-old son in Rajasthan

New Indian Express  

JAIPUR: A police constable was arrested here on Sunday on charges of raping a pregnant woman on the pretext of recording her statement in connection with a case, officials said. Assistant Commissioner of Police, Sanganer, Vinod Kumar Sharma said the woman's husband lodged an FIR against constable Bhagaram on Saturday night alleging that his wife was raped in front of …

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases
2 weeks, 2 days ago

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases

Live Law  

The Supreme Court recently quashed all criminal proceedings in a rape case against a former Indian Army officer, Rakesh Walia, after finding the complaint to be unbelievable.The Court found that the complaint was nothing but an "abuse of the process of law", because apart from her statements, there was no evidence on record. The Supreme Court recently quashed all criminal …

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage
3 weeks, 4 days ago

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not …

Provisions Against Arrest Of Women At Night Are Directory, Not Mandatory: Madras HC Sets Aside Departmental Proceedings Against Police Officers
1 month, 1 week ago

Provisions Against Arrest Of Women At Night Are Directory, Not Mandatory: Madras HC Sets Aside Departmental Proceedings Against Police Officers

Live Law  

The Madras High Court recently observed that Section 46 of CrPC and Section 43 of the BNSS Act which prevents the arrest of a woman after sunset and before sunrise is directory and not mandatory. The court also added that while effecting arrest, the police officer was performing a public duty and the victim could not be allowed to suffer …

Karnataka HC quashes trial court order against Yediyurappa in POCSO case; grants anticipatory bail
1 month, 2 weeks ago

Karnataka HC quashes trial court order against Yediyurappa in POCSO case; grants anticipatory bail

New Indian Express  

BENGALURU: The Karnataka High Court on Friday quashed the order passed by the trial court taking cognisance of the offences against former Chief Minister and BJP leader BS Yediyurappa under the provisions of the Protection of Children from Sexual Offences Act, 2012 and IPC, for his alleged sexual assault on a minor girl. Noting that the crime, investigation and the …

Consensual acts do not give man license to assault woman: Karnataka High Court
1 month, 3 weeks ago

Consensual acts do not give man license to assault woman: Karnataka High Court

Hindustan Times  

The Karnataka High Court has dismissed rape charges against a police inspector, ruling that a consensual sexual relationship cannot be classified as rape. Karnataka High Court However, the court upheld the charges of assault, criminal intimidation, and attempted murder against the officer, emphasizing that consent in a relationship does not give anyone the right to harm or threaten another person, …

Karnataka High Court reserves verdict on Yediyurappa’s petition challenging POCSO case
2 months ago

Karnataka High Court reserves verdict on Yediyurappa’s petition challenging POCSO case

The Hindu  

The High Court of Karnataka on Friday reserved its judgment on the petition filed by former Chief Minister B.S. ‘No sexual assault’ Earlier, Senior Advocate C.V. Nagesh, appearing for Mr. Yediyurappa, denied the allegation and contended that the statements given by the witnesses and the pieces of evidence disclose that there is not even probability of occurrence of the incident …

Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner
2 months ago

Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner

Hindustan Times  

The Lucknow bench of the Allahabad high court has granted bail to an accused in an inter-faith live-in rape case on condition that he marry the prosecutrix under the Special Marriage Act and provide financial security to her and their child. During the proceedings, both parties expressed a willingness to reconcile, leading the court to explore a resolution focused on …

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court
2 months, 1 week ago

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

Live Law  

While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix …

‘Form probe team under woman officer’: Cong-led alliance to Kerala govt in Dalit teen case
2 months, 1 week ago

‘Form probe team under woman officer’: Cong-led alliance to Kerala govt in Dalit teen case

Hindustan Times  

The Congress-led United Democratic Front on Sunday demanded that the Kerala government constitute a special probe team under the leadership of a female Indian Police Service officer, amid shock and horror in the state over the alleged sexual abuse of an 18-year-old Dalit athlete in the Pathanamthitta district. For this, the government should immediately appoint a Special Investigation Team headed …

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'
2 months, 1 week ago

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'

Hindustan Times  

New Delhi, A court here has granted anticipatory bail to a man accused of raping a divorced woman on the pretext of marriage, noting that the woman was not prompt in reporting the alleged offence and that the accused’s custodial interrogation was not required. Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time' Additional Sessions …

Karnataka High Court Stalls Framing Of Charge Against Prajwal Revanna In Alleged Sexual Assault Case Till January 16
Trending News
2 months, 1 week ago

Karnataka High Court Stalls Framing Of Charge Against Prajwal Revanna In Alleged Sexual Assault Case Till January 16

Live Law  

The Karnataka High Court on Thursday directed the trial court not to frame charges against former Member of Parliament, Prajwal Revanna who is accused in a case of rape and sexual assault, till January 16. Justice M Nagaprasanna has directed thus while hearing a petition filed by Revanna, questioning an order dated December 1, 2024 of the trial court rejecting …

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
2 months, 3 weeks ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

‘Dangers of dating apps’... Why Karnataka High Court stayed case against man accused of rape
3 months ago

‘Dangers of dating apps’... Why Karnataka High Court stayed case against man accused of rape

Live Mint  

A bench of Justice M Nagaprasanna of the Karnataka High Court on December 16 stayed proceedings against a man accused of rape and highlighted the “dangers of dating apps”, according to a report by India Today. It added that the police chargesheet did not account for the petitioner and defendants online chats and raised credibility about the “verbatim” witness statements …

Hema Committee aftermath: Milords, shouldn't bail for celebs in this manner be avoided?
3 months ago

Hema Committee aftermath: Milords, shouldn't bail for celebs in this manner be avoided?

New Indian Express  

Last week, a single-judge Bench of the Kerala High Court granted anticipatory bail to Malayalam filmmaker and actor Balachandra Menon in an alleged sexual assault case dating back to 2007. While granting anticipatory bail to Menon, Justice Kunhikrishnan noted that the complaint had been registered by the victim 17 years after the alleged incident and that such a delay tarnished …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 1 week ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case
3 months, 1 week ago

Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case

Live Law  

The Karnataka High Court quashed a rape case registered by a woman against her fiance–who had absconded post their engagement after he was booked in a case under the NDPS Act–noting that the complainant's statement that she did not want to pursue the case further. The court after going through the records said, "After the registration of the crime in …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 2 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

K’taka HC denies anticipatory bail to Revanna in rape case
3 months, 3 weeks ago

K’taka HC denies anticipatory bail to Revanna in rape case

Hindustan Times  

The Karnataka high court on Friday dismissed the anticipatory bail application filed by former MP Prajwal Revanna in a rape case involving a former member of the Hassan zilla panchayat. The woman filed a formal complaint with the Special Investigation Team on May 1, 2024, leading to the registration of a case at the cyber police station of the Criminal …

Karnataka HC rejects Prajwal Revanna’s anticipatory bail plea in sexual harassment case
3 months, 3 weeks ago

Karnataka HC rejects Prajwal Revanna’s anticipatory bail plea in sexual harassment case

Live Mint  

The Karnataka High Court on Friday rejected the anticipatory bail application filed by former Janata Dal MP Prajwal Revanna in connection with a rape and sexual assault case. Prajwal Revanna is facing four cases of rape, sexual assault, and criminal intimidation which are being probed by a Special Investigation Team of the Karnataka Police. The cases of sexual abuse came …

Karnataka HC denies anticipatory bail to Prajwal Revanna in sexual harassment case
Trending News
3 months, 3 weeks ago

Karnataka HC denies anticipatory bail to Prajwal Revanna in sexual harassment case

Hindustan Times  

The Karnataka High Court on Friday dismissed the anticipatory bail application filed by former JD MP Prajwal Revanna, who is facing allegations of rape and sexual assault, in connection with a fourth case registered against him. The cases of sexual abuse came to light after pen drives containing explicit videos allegedly involving Prajwal Revanna were reportedly circulated in Hassan, ahead …

Karnataka HC denies anticipatory bail to Prajwal Revanna in sexual harassment case
Top News
3 months, 3 weeks ago

Karnataka HC denies anticipatory bail to Prajwal Revanna in sexual harassment case

Deccan Chronicle  

Bengaluru: The Karnataka High Court on Friday dismissed the anticipatory bail application filed by former JD MP Prajwal Revanna, who is facing allegations of rape and sexual assault, in connection with a fourth case registered against him. The cases of sexual abuse came to light after pen drives containing explicit videos allegedly involving Prajwal Revanna were reportedly circulated in Hassan, …

Kerala High Court denies bail to cop accused of raping minor Dalit girl
3 months, 3 weeks ago

Kerala High Court denies bail to cop accused of raping minor Dalit girl

India Today  

The Kerala High Court denied bail to a police officer, accused of raping a 14-year-old school girl two years ago on Children’s Day, saying he committed a “heinous offence”. The judge, Justice K Babu, denied the bail petition of the officer, who at the time of the rape was a Student Police Cadet instructor at the victim’s school. In his …

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship
4 months ago

Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

Live Law  

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years. While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. Seeking to quash the prosecution the …

'Leaders Expected To Set Example' : Supreme Court Denies Anticipatory Bail To Odisha BJP MLA Accused Of Slapping Woman Police Officer
Trending News
4 months ago

'Leaders Expected To Set Example' : Supreme Court Denies Anticipatory Bail To Odisha BJP MLA Accused Of Slapping Woman Police Officer

Live Law  

The Supreme Court today dismissed the anticipatory bail plea of Odisha BJP MLA and ex-Leader of Opposition Jayanarayan Mishra, accused of slapping a woman police officer during a protest in 2023. A bench of Justices Hrishikesh Roy and SVN Bhatti passed the order, noting that grant of anticipatory bail to Mishra could prejudice the investigation. Notably, when Advocate Samapika Biswal, …

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC
4 months, 1 week ago

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC

Live Law  

The Karnataka High Court has said that there is no duty on the accused to prove a defence of consent in a matter of rape, and his exercise of his right to remain silent would be sufficient where the prosecution itself is unable to prove its case. The court said that as the right of the accused to remain silent …

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law
4 months, 1 week ago

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was accused of sexually harassing his daughter-in-law, observing that the severity of the allegations levelled against him, granting a protective order could hinder the ability of the investigating agency to unravel the entire truth.Justice Sumeet Goel said, "The decorum and dignity of this bond …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 1 week ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

Supreme Court denies bail to Prajwal Revanna in rape case
4 months, 1 week ago

Supreme Court denies bail to Prajwal Revanna in rape case

Hindustan Times  

The Supreme Court on Monday refused to interfere with the Karnataka high court’s October 21 order denying bail to former member of Parliament Prajwal Revanna in a rape case filed against him by a 47-year-old woman who used to work as his domestic help. Prajwal Revanna A bench headed by justice Bela M Trivedi and comprising justice Satish Chandra Sharma …

Supreme Court rejects bail plea of former JD(S) MP Prajwal Revanna in rape and sexual assault case
Top News
4 months, 1 week ago

Supreme Court rejects bail plea of former JD(S) MP Prajwal Revanna in rape and sexual assault case

India TV News  

The Supreme Court on Monday rejected the bail application of Prajwal Revanna, the former member of parliament from JDS, who is alleged with various charges of rape and sexual assault. Nevertheless, the bench of the Supreme Court held that it could not entertain the matter of revisiting the bail application that was denied by the Karnataka High Court to Revanna …

Supreme Court rejects ex-Karnataka MP Prajwal Revanna's bail plea in rape case
Trending News
4 months, 1 week ago

Supreme Court rejects ex-Karnataka MP Prajwal Revanna's bail plea in rape case

India Today  

The Supreme Court dismissed the bail application of former Janata Dal MP Prajwal Revanna in cases related to sexual assaults of multiple women. The sexual assaults were uncovered after the leak of explicit videos in early April this year, just before the second phase of Karnataka voting in the Lok Sabha elections. Revanna, who had filed an application seeking bail, …

Karnataka HC reserves order on Prajwal’s bail pleas
6 months ago

Karnataka HC reserves order on Prajwal’s bail pleas

New Indian Express  

BENGALURU: The Karnataka High Court on Thursday reserved order on three bail petitions filed by former Hassan MP Prajwal Revanna, who is facing sexual harassment and rape charges. Prajwal filed the petitions seeking anticipatory bail in two cases and regular bail in the third case. Prajwal approached the high court for bail in the case registered with the Holenarasipura police …

The curious difference between IPC and BNS on rape
6 months, 1 week ago

The curious difference between IPC and BNS on rape

New Indian Express  

Since the definition of rape continues to be largely identical in IPC and BNS, it is not clear how such an offender can still escape the charge in such cases. The phrase “by making a promise to marry a woman without any intention of fulfilling the same, has sexual intercourse with her” would have to be interpreted the same way …

Mumbai: Colaba man granted bail in rape case after citing 'live-in agreement'
6 months, 2 weeks ago

Mumbai: Colaba man granted bail in rape case after citing 'live-in agreement'

The Hindu  

A Sessions Court in Mumbai granted anticipatory bail to an individual who was accused in a rape case registered with the Colaba police station in Mumbai city. During the hearing in court for his anticipatory bail application, the accused produced an agreement between him and the victim and claimed that it was a consensual relationship between him and the victim …

Karnataka: Man arrested for attempting to rape a Hindu woman
6 months, 2 weeks ago

Karnataka: Man arrested for attempting to rape a Hindu woman

Op India  

In another alarming incident that underscores the increasing sexual assaults on women in Karnataka, the Manipal Police swiftly arrested a 22-year-old man from Bhatkal within 24 hours of the attempted rape of a young Hindu woman aboard a train. Her journey, which began on Saturday night, took a terrifying turn as Shuraim, a fellow passenger on the Murdeshwar Express, started …

Karnataka High Court directs trial court not to record further proceeding on sexual harassment case against H.D. Revanna
6 months, 2 weeks ago

Karnataka High Court directs trial court not to record further proceeding on sexual harassment case against H.D. Revanna

The Hindu  

The High Court of Karnataka on Friday directed the trial court not to record further proceedings based on the charge sheet filed against former Minister and MLA for Holenarsipur H.D. Justice M. Nagaprasanna passed the interim order on the petition filed by Mr. Revanna, who questioned the legality of registration of FIR on the alleged incident said to have been …

Karnataka HC denies bail to rape, forced conversion accused Rafiq
6 months, 3 weeks ago

Karnataka HC denies bail to rape, forced conversion accused Rafiq

Op India  

The Karnataka High Court has refused bail to a person from Belagavi who sexually assaulted and also forced a 28-year-old married Dalit woman to embrace Islam. According to Justice S. Rachaiah, it is inappropriate to grant the accused bail given the victim’s mental state and condition. The 33-year-old accused Rafiq also known as Laalsab Bepari was charged with violations under …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
7 months, 3 weeks ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
8 months ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court
8 months ago

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that consensual acts between two adults who were in love over a long period of six years will not attract the offence of rape. The court said, “The duration of relationship between the two which was founded on love was for a period of six years, merely because love wanes away by efflux of …

Prosecution In Serious Offences Like Rape Cannot Be Withdrawn Based On Forgiveness Of Victim: Meghalaya High Court
8 months, 2 weeks ago

Prosecution In Serious Offences Like Rape Cannot Be Withdrawn Based On Forgiveness Of Victim: Meghalaya High Court

Live Law  

The Meghalaya High Court has held that the victim of rape expressing forgiveness towards the accused and wishing not to proceed further in the case is not a ground to quash the First Information Report against the accused. Justice B. Bhattacharjee further said it is for the Trial Court to decide whether there was a presence of consent based on …

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him
8 months, 2 weeks ago

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him

The Hindu  

In a rare instance, the High Court of Karnataka has given liberty to a 35-year-old man to initiate proceedings against his wife for malicious prosecution or proceedings under Section 211 of the Indian Penal Code for making the false charge of offences, including the offence of dowry harassment, against him. However, the court, from the records, found that the “documents …

Karnataka high court grants 15-day bail for rape accused to marry the victim: Report
9 months ago

Karnataka high court grants 15-day bail for rape accused to marry the victim: Report

Hindustan Times  

The Karnataka high court on Tuesday granted a bail to 23-year man who is a rape accused to marry a girl who was the victim in his rape case. Karnataka high court grants 15-day bail for rape accused to marry the victim According to the report in PTI, the high court granted 15-day bail to the accused and the marriage …

Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18
9 months ago

Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18

Deccan Chronicle  

Bengaluru: The Karnataka High Court has granted a 23-year-old man charged with the rape of a girl when she was 16 years and nine months of age, 15-day bail to marry her. Justice M Nagaprasanna issued the interim order dated last Saturday in response to a petition from the accused, seeking to dismiss the charges as both families wish to …

Prajwal Revanna sexual assault | Karnataka HC grants anticipatory bail to Bhavani Revanna
9 months ago

Prajwal Revanna sexual assault | Karnataka HC grants anticipatory bail to Bhavani Revanna

The Hindu  

In a relief to Bhavani Revanna, mother of rape-accused Prajwal Revanna, former MP, the High Court of Karnataka granted regular anticipatory bail in the case of alleged abduction of one of the victims of her son’s sexual assaults. On the argument of the Special Public Prosecutor of the Special Investigation Team that the SIT needs Ms. Bhavani for custodial interrogation …

Karnataka HC grants anticipatory bail to Bhavani Revanna in kidnapping case
9 months, 1 week ago

Karnataka HC grants anticipatory bail to Bhavani Revanna in kidnapping case

Hindustan Times  

Bengaluru: The Karnataka high court on Friday granted anticipatory bail to Bhavani Revanna, mother of suspended Janata Dal MP Prajwal Revanna, in a kidnapping case filed against her linked to the sexual abuse allegations against her son. Karnataka high court The high court’s decision to grant her bail mandates that she must fully cooperate with the investigation by the Special …

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