'The Appellant And The Prosecutrix Are Ready To Solemnize Marriage', MP HC Grants 2-Month Bail To Rape Accused To Marry Complainant [Read Order]
4 years, 6 months ago

'The Appellant And The Prosecutrix Are Ready To Solemnize Marriage', MP HC Grants 2-Month Bail To Rape Accused To Marry Complainant [Read Order]

Live Law  

The Madhya Pradesh High Court on Wednesday granted temporary two-month bail to a man so that during this period the appellant can solemnize the marriage with the prosecutrix/complainant. Court's Observation The court in its order stated, "Looking at the fact that the appellant and the prosecutrix are major and now they are ready to solemnize the marriage. In these circumstances, the present appeal is allowed in part and the appellant is granted temporary bail for a period of two months from the date of his release so that during this period the appellant can solemnize the marriage with the prosecutrix." It was directed that the appellant shall be released on bail on the execution of personal bond in the sum of Rs.50,000 with a solvent surety in the like amount to the satisfaction of the learned trial Court and the appellant shall surrender before the trial Court on 03.11.2020 and shall also abide by the conditions enumerated under Section 437 of Cr.P.C

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History of this topic

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape
2 weeks, 2 days ago

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Live Law  

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded …

Court grants bail to rape accused, asks him to marry survivor within 3 months
3 weeks, 1 day ago

Court grants bail to rape accused, asks him to marry survivor within 3 months

India Today  

A 26-year-old rape accused was recently granted bail by the Allahabad High Court on the condition that he marry the survivor within three months of his release from jail, the Bar and Bench reported. The order was passed on February 20 by a single-judge bench headed by Justice Krishan Pahal after the accused, identified as Naresh Meena alias Narsaram Meena, …

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
3 weeks, 2 days ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 of …

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old
1 month, 1 week ago

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

Live Law  

The Bombay High Court on Thursday while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl. Single-judge Justice Milind Jadhav noted from the statements of …

Life Sentence and Conviction of Farmer Set Aside
1 month, 3 weeks ago

Life Sentence and Conviction of Farmer Set Aside

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court set aside the conviction and life sentence of a farmer in a case involving dowry harassment and alleged murder of his wife. The panel, comprising Justice P. Sam Koshy and Justice Namavarapu Rajeshwar Rao, held that the trial was vitiated due to the appellant’s lack of effective legal representation, violating his …

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman
1 month, 4 weeks ago

Allahabad High Court Refuses Anticipatory Bail To Sitapur Congress MP Accused Of Sexually Exploiting Woman

Live Law  

The Allahabad High Court today refused the anticipatory bail plea filed by Congress's Member of Parliament from Sitapur Lok Sabha constituency, Rakesh Rathore, in connection with an FIR against him over allegations of sexually exploiting a 35-year-old woman.However, a bench of Justice Rajesh Singh Chauhan disposed of his plea at the admission stage, giving him the liberty. The Allahabad High …

Rape case: HC grants bail to accused on condition of marrying inter-faith live-in partner
2 months, 1 week 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 …

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court
2 months, 1 week ago

Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court

Live Law  

In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife. While granting anticipatory bail, the High Court, in view of appellant's willingness to pay maintenance to the complainant-wife, imposed a condition that Rs.4000/- shall be deposited by him in …

Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction
2 months, 1 week ago

Long Delay In Test Identification Parade Coupled With Infirmities Makes The Case Doubtful: Madhya Pradesh HC Sets Aside 2014 Rape Conviction

Live Law  

The division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra, “ In the present case, delay in identifying the accused in the Court of law when prosecutrix was being examined is fatal to the case of the prosecution. It is also not the case of the prosecution that accused were not arrested in time and therefore, despite the fact …

Madhya Pradesh High Court Grants Custody Of New-Born To Minor Rape Survivor Under Guardianship Of Her Parents
2 months, 2 weeks ago

Madhya Pradesh High Court Grants Custody Of New-Born To Minor Rape Survivor Under Guardianship Of Her Parents

Live Law  

In a recent ruling, the Jabalpur Bench of Madhya Pradesh High Court has granted the custody of a new-born baby to her mother, a minor rape survivor, under the guardianship of her parents. Therefore, it is directed that custody of newly born child be given to her minor mother under the guardianship of her parents.” In the present matter, an …

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court
3 months ago

Wife's Patience & Silence To Save Marital Life Reflects Sincerity, Not Weakness: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has observed that if a wife maintains patience and silence with the sole intention of saving her matrimonial life, it cannot be said that it is her weakness; on the contrary, it shows her sincerity towards her marital life. The wife lodged the FIR under Sections 498-A, 323, 294, 506, 34 of IPC and under …

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
3 months, 1 week ago

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor

Live Law  

In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help. It is rather cruel for …

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree
3 months, 2 weeks ago

S.15 HMA | MP High Court Restrains Man From Solemnizing Second Marriage During Pendency Of Ex-Wife's Appeal Against Divorce Decree

Live Law  

By way of an interim direction, the Madhya Pradesh High Court has restrained a man from solemnizing second marriage during the pendency of his ex-wife's appeal against the decree of divorce dissolving their marriage. The counsel for the appellant submitted, “First appeal is pending before this Hon'ble court and the respondent is going to perform second marriage on 13th of …

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix
4 months, 2 weeks ago

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. Ahluwalia in its order said, "It is true that the applicant may suffer irreparable …

MP high court stays a single-bench order allowing interfaith marriage
4 months, 2 weeks ago

MP high court stays a single-bench order allowing interfaith marriage

Hindustan Times  

The Jabalpur bench of the Madhya Pradesh high court on Friday stayed a single-jugde bench’s order allowing the marriage of a Hindu woman and a Muslim man under the Special Marriages Act, which regulates interfaith marriages. MP high court stays a single-bench order allowing interfaith marriage The development comes weeks after a single bench of justice Vishal Dhagat sent the …

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

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'
8 months, 2 weeks ago

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'

Live Law  

The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her. For this …

MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial
9 months, 1 week ago

MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial

Live Law  

The Madhya Pradesh High Court recently granted permission for the termination of a 14-year-old girl's pregnancy following a statement from her parents affirming that they would not turn hostile during the trial against the rape accused.A bench of Justice GS Ahluwalia also added that the victim would undergo an abortion at the risk and cost of the parents and that …

Karnataka high court grants 15-day bail for rape accused to marry the victim: Report
9 months, 1 week 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 …

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable
9 months, 2 weeks ago

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable

Live Law  

The Madhya Pradesh High Court has recently quashed a FIR registered for rape and criminal intimidation since the prosecutrix's version that she was forcefully raped repeatedly did not instil confidence in the context of her marriage with the accused. The single-judge bench of Justice Vishal Dhagat held that the prosecutrix's failure to lodge a FIR despite repeated acts of alleged …

‘Consent immaterial’: Madhya Pradesh HC says unnatural sex with wife not rape
10 months, 3 weeks ago

‘Consent immaterial’: Madhya Pradesh HC says unnatural sex with wife not rape

Hindustan Times  

The Madhya Pradesh High Court ruled that unnatural sex with wife cannot be termed as rape, despite it being non-consensual. The Madhya Pradesh HC quashed an FIR registered against a man by his wife accusing him of having unnatural sex, observing that marital rape is not an offence under the IPC. Madhya Pradesh high court A single bench of the …

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission
1 year, 7 months ago

Rape & Murder Of 4-Year-Old: Madhya Pradesh High Court Commutes Convict's Death Penalty To Life Sentence Without Remission

Live Law  

Observing that the case does not fall under the category of the rarest of rare, the Madhya Pradesh High Court commuted a convict's sentence of death penalty to life imprisonment without remission, in a case for the murder and rape of a 3 years and 4 month old girl. The division bench of Chief Ravi Malimath and Justice Vishal MIshra …

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC
1 year, 9 months ago

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC

Live Law  

The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.Justice Anup Jairam Bhambhani added that such a a finding or decision …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 11 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail
2 years, 1 month ago

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail

Live Law  

The Supreme Court on Friday stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused. While staying the order of the High Court, the bench opined that such orders of the High Court had the potential to undermine the independence of the district judiciary …

Supreme Court Grants Interim Protection To Indore Law College Professor In Case Over 'Hinduphobic' Book In Library
2 years, 1 month ago

Supreme Court Grants Interim Protection To Indore Law College Professor In Case Over 'Hinduphobic' Book In Library

Live Law  

The Supreme Court on Friday issued notice and sought the response of the state of Madhya Pradesh with respect to the anticipatory bail plea of Dr. Mirza Moziz Beg, an assistant professor at Indore’s Government Law College, which has been embroiled in controversy over the presence, in its library, of an allegedly ‘Hinduphobic’ and ‘anti-national’ book titled Collective Violence and …

Will add murder charge in Sultanpuri accident case, Delhi police tell court
2 years, 2 months ago

Will add murder charge in Sultanpuri accident case, Delhi police tell court

Hindustan Times  

The Delhi Police on Monday informed a city court that they are invoking murder charges against the accused involved in the January 1 Sultanpuri accident, in which a 20-year-old woman was dragged on the underside of a car for nearly three hours on a stretch of over 14 kilometres. Special public prosecutor Atul Srivastava, appearing on behalf of the police, …

MP government to move SC to challenge high court's order against prosecuting interfaith couples
2 years, 4 months ago

MP government to move SC to challenge high court's order against prosecuting interfaith couples

Firstpost  

The high court, in an interim order, directed the state government not to prosecute under section 10 of the MP Freedom of Religion Act adults who solemnise their marriage on their own will Jabalpur: The Madhya Pradesh government is going to move the Supreme Court to challenge the high court’s interim order restraining it from prosecuting interfaith couples who enter …

MP High Court Sentences Father, Daughter & Son To 6 Months In Jail For Obtaining Abortion Order By Filing False Rape Case
2 years, 4 months ago

MP High Court Sentences Father, Daughter & Son To 6 Months In Jail For Obtaining Abortion Order By Filing False Rape Case

Live Law  

The Madhya Pradesh High Court sentenced 3 persons to six months in jail after finding them guilty, in a contempt case, of obtaining an order for termination of pregnancy on the false pretext that the Prosecutrix was raped.The Court, in its order, noted that the fact was that the Prosecutrix got conceived from his cousin brother, however, this fact was. …

Wife's Pregnancy No Ground For Bail Particularly When Criminal Investigation Is In Progress: Karnataka High Court
2 years, 4 months ago

Wife's Pregnancy No Ground For Bail Particularly When Criminal Investigation Is In Progress: Karnataka High Court

Live Law  

The Karnataka High Court recently refused bail to a man involved in a murder investigation, seeking release to attend his pregnant wife whose delivery date is soon due. A single judge bench of Justice Shivashankar Amarannavar sitting at Dharwad remarked, At least 31 persons are accused in the case relating to complainant's assault and the murder of his brother amidst …

MP High Court Holds Daughter & Father Guilty Of Contempt For Obtaining Abortion Order By Filing False Rape Case
2 years, 4 months ago

MP High Court Holds Daughter & Father Guilty Of Contempt For Obtaining Abortion Order By Filing False Rape Case

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently held a girl and her father guilty of obtaining an order for termination of pregnancy on the false pretext that the Prosecutrix was raped. Therefore, the prosecutrix "X" and her father "A" are held guilty of committing Contempt of Court. …Accordingly, the father of the prosecutrix "A" is held guilty of committing …

Madhya Pradesh High Court Reduces Rape Convict's Sentence Considering He Had Left Minor Victim Alive
2 years, 5 months ago

Madhya Pradesh High Court Reduces Rape Convict's Sentence Considering He Had Left Minor Victim Alive

Live Law  

The Madhya Pradesh High Court, Indore Bench recently reduced the sentence of a rape convict from life imprisonment to 20 years of imprisonment on the ground that he did not kill the 4-year-old victim after the heinous act. Singh did not find any fault in the conviction of the Appellant but found it fit to extend him the benefit of …

Madhya Pradesh High Court reduces sentence of rape convict for 'sparing' minor victim's life
2 years, 5 months ago

Madhya Pradesh High Court reduces sentence of rape convict for 'sparing' minor victim's life

India Today  

The Madhya Pradesh High Court recently reduced the life sentence of a rape convict after it noted that even though the crime was demonic, the convict was "kind enough" to spare the child's life. The Indore bench of Justice Subodh Abhyankar and Justice SK Singh of the high court reduced the life sentence of the convict to 20 years. The …

Marry Girlfriend You Abandoned Within A Year: Bombay High Court's Bail Condition For Rape Accused
2 years, 5 months ago

Marry Girlfriend You Abandoned Within A Year: Bombay High Court's Bail Condition For Rape Accused

Live Law  

The Bombay High court has granted bail to a man accused of raping a woman and abandoning her, on the condition that he would marry her within a year. Justice Bharti Dangre observed that the prosecutrix and accused were in a consensual relationship, and the man refused to marry her when she was six months pregnant. "In the above circumstances, …

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
2 years, 6 months ago

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

Live Law  

The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

Failure Of Relationship Is No Ground For FIR For Repeated Rape When Woman Had Been Willingly Living With Man For Years : Supreme Court
2 years, 8 months ago

Failure Of Relationship Is No Ground For FIR For Repeated Rape When Woman Had Been Willingly Living With Man For Years : Supreme Court

Live Law  

Remarking that where a woman has willingly been staying with a man and had a relationship with him, and if the relationship is not working out now, the same cannot be a ground for lodging an FIR for the offence of committing rape repeatedly on the same woman ), the Supreme Court on Thursday granted pre-arrest bail to the man …

"Frivolous Case": Madhya Pradesh High Court Quashes Rape Case Filed By 'Second Wife' After A Delay Of 18 Years
2 years, 9 months ago

"Frivolous Case": Madhya Pradesh High Court Quashes Rape Case Filed By 'Second Wife' After A Delay Of 18 Years

Live Law  

The Madhya Pradesh High Court recently quashed a rape case against a man registered at the instance of his 'second wife' as the Court noted that it was a frivolous case and her version indicated false allegations against the man.The Bench of Justice Anand Pathak observed that it was vexatious and frivolous litigation just to exert pressure on the man …

Supreme Court Monthly Criminal Digest- May 2022
2 years, 9 months ago

Supreme Court Monthly Criminal Digest- May 2022

Live Law  

Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Manoj v. State of Madhya Pradesh, 2022 LiveLaw 510 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a …

Orissa High Court Denies Bail To Man Accused Of Raping Woman On False Assurance Of Marriage
2 years, 9 months ago

Orissa High Court Denies Bail To Man Accused Of Raping Woman On False Assurance Of Marriage

Live Law  

The Orissa High Court has recently denied bail to a man, who was accused of having sexual intercourse against the will of a woman on the false assurance of marriage. While rejecting the bail, a Single Judge Bench of Justice Sanjeeb Kumar Panigrahi quoted the following observation made by the Supreme Court in State of Madhya Pradesh v. Madanlal, "Dignity …

False Rape Case: Madhya Pradesh High Court Says Prosecutrix Must Be Asked To Refund Compensation Paid By State
2 years, 10 months ago

False Rape Case: Madhya Pradesh High Court Says Prosecutrix Must Be Asked To Refund Compensation Paid By State

Live Law  

The Madhya Pradesh High Court recently directed the trial court to issue direction against the Prosecutrix in a rape case to refund the compensation she had received from the State Government because she had admitted in her statement that she had lodged a false report against the accused. Deciding the bail application moved by the Applicant/accused, Justice Vivek Agarwal observed- …

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice
2 years, 10 months ago

'Bar U/S 362 CrPC Not Applicable': Madhya Pradesh High Court Recalls Order For Cancellation Of Bail As Accused Was Not Duly Served Notice

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently recalled its order for cancellation of bail which was passed ex-parte, holding that the person enlarged on bail was not duly served notice and therefore he could not appear before the Court to contest the said application. He further argued that the Deemed Service Clause as per Chapter XV Rule 11 of …

Veracity Of Allegations To Be Evaluated By Trial Court: Punjab & Haryana High Court Grants Bail To Man Accused Of Poisoning Partner
2 years, 10 months ago

Veracity Of Allegations To Be Evaluated By Trial Court: Punjab & Haryana High Court Grants Bail To Man Accused Of Poisoning Partner

Live Law  

Punjab and Haryana High Court while dealing with a petition filed under Section 439 CrPC by a man accused of poisoning the deceased-complainant with whom he was in a relationship, granted bail on the ground that it was a "consensual relationship" and as the investigation stands completed, the veracity of these allegations would be evaluated by the trial Court only. …

Consent Of Prosecutrix Not Vitiated When Her Doubts In Relationship Got Cemented With Lapse Of Time: Jharkhand High Court
2 years, 10 months ago

Consent Of Prosecutrix Not Vitiated When Her Doubts In Relationship Got Cemented With Lapse Of Time: Jharkhand High Court

Live Law  

The Jharkhand High Court recently held that the consent of the prosecutrix under Section 90 of the Indian Penal Code was not vitiated when her doubts in the relationship got cemented with the lapse of time. Setting aside the conviction of the accused under Section 376 of the Indian Penal Code, a Division Bench of Justices Rongon Mukhopadhyay and Rajesh …

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation
2 years, 10 months ago

Breaking: MP High Court Acquits Man Wrongly Convicted For Murder And Imprisoned For 13 Years, Directs State To Pay Him Rs. 42 Lakhs For Malicious Investigation

Live Law  

The High Court of Madhya Pradesh recently set aside the conviction of a man for murder and further directed the State to pay him compensation worth Rs. Considering the facts of the case, the Court held that the police was outrightly partisan in its investigation and that it did not investigate the offence from the standpoint of the Appellant at …

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court
2 years, 10 months ago

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court

Live Law  

Considering the categorical statement made by a 11-yr-old rape victim, the Madhya Pradesh High Court recently rejected the bail application of the accused stating that at the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted. Justice Anil Verma observed: "At the stage of consideration of bail, marshalling of the prosecution witnesses is not permitted as …

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry
2 years, 10 months ago

'Transfer Them To Far-Flung Places': Madhya Pradesh High Court On Police Officers Tampering With Evidence In Rape Case, Orders Inquiry

Live Law  

The Madhya Pradesh High Court recently directed the State Level Vigilance and Monitoring Committee to take appropriate action against the Police Officers concerned for tampering with forensic evidence in a rape case, to allegedly shield the Appellant/accused, who also happened to be a police officer. Justice Vivek Agarwal further lamented that the Court would've directed that the case be handed …

Rajasthan High Court Grants 15 Days' Temporary Bail To Convict To Perform Daughter's Kanyadan
2 years, 11 months ago

Rajasthan High Court Grants 15 Days' Temporary Bail To Convict To Perform Daughter's Kanyadan

Live Law  

The Rajasthan High Court, Jodhpur has granted temporary bail for 15 days to a man to perform 'Kanyadan' & other ceremonies in his daughter's marriage. Notably, the present application for grant of temporary bail has been filed on the ground that the appellant's daughter is getting married on 28.04.2022 and the presence of the appellant is necessary to perform 'Kanyadan' …

Madhya Pradesh High Court Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife
2 years, 11 months ago

Madhya Pradesh High Court Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife

Live Law  

The High Court of Madhya Pradesh recently granted temporary bail to a murder accused for 90 days so that he could take care of his pregnant wife, whose delivery was due in a week. Justice Sanjay Dwivedi was dealing with a bail application U/S 439 CRPC moved by the Applicant accused for offences punishable U/S 302, 307, 294, 506, 147, …

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused
2 years, 11 months ago

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused

Live Law  

The Madhya Pradesh High Court recently set aside the bail granted to rape accused under the provisions of POCSO Act, observing that although the medical report of the Prosecutrix did not mention any definite opinion of rape, it pointed out that her hymen was ruptured and two fingers were easily going in her vagina, which prima facie corroborated the fact …

MP High Court Grants Temporary Bail To Rape Accused For Taking Care Of Wife & Repairing Dilapidated Dwelling
2 years, 11 months ago

MP High Court Grants Temporary Bail To Rape Accused For Taking Care Of Wife & Repairing Dilapidated Dwelling

Live Law  

The Madhya Pradesh High Court, Gwalior Bench on Tuesday, granted temporary bail for 45 days to a rape accused to take care of his injured wife and to repair his house, which was in a poor condition. However, the Court felt it to be a fit case for grant of temporary bail- So far as IA No.4994/2022 for grant of …

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