Allahabad High Court grants bail to rape accused on condition that he marries the victim
2 years, 2 months ago

Allahabad High Court grants bail to rape accused on condition that he marries the victim

The Hindu  

A man booked under the Protection of Children from Sexual Offences Act for rape was granted bail by the Allahabad High Court on condition that he will marry the victim and will accept her child as daughter. In the bail order, the Bench of Justice Dinesh Kumar Singh said the victim and her father had no objection if the accused was enlarged on bail, provided that he performed marriage with the victim in accordance with the Hindu rites and rituals and got the marriage registered. “Considering the fact that the minor victim has already delivered of a child from the accused who has been in jail since April this year and the victim and her father too had not opposed his release, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail,” the judge said. The judgment states that the accused will marry the victim within 15 days of release and gets the same registered before the appropriate officer within one month from the date of marriage.

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History of this topic

Rape Survivor Faces Dual Crises, Crime Wounds Her Dignity & Trial Forces Her To Relive Traumatic Experience: Allahabad HC
1 day, 3 hours ago

Rape Survivor Faces Dual Crises, Crime Wounds Her Dignity & Trial Forces Her To Relive Traumatic Experience: Allahabad HC

Live Law  

The Allahabad High Court has observed that a woman who is raped undergoes two crises- the commission of a crime, where her dignity is wounded and her sense of security is destroyed and the subsequent trial, where she is forced to relive the traumatic experience. While the first seriously wounds her dignity, curbs her individual, destroys her sense of security …

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution
3 days, 13 hours ago

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution

Live Law  

The Allahabad High Court last week denied bail to a man who has been accused of forcing his wife into prostitution by compelling her to make physical relationships with his friends and other persons. Noting that the allegations against the husband are rare and the prosecution's case was not a simple case of matrimonial dispute between husband and wife, a …

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court
1 week, 3 days ago

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that a relationship between brother-in-law and sister-in-law is immoral; however, if the woman is a major, the said relationship doesn't attract the offence of rape. It was further submitted that the alleged victim is a major who had earlier denied the allegations in her Section 161 CrPC statement; however, later on, she changed …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
4 weeks, 2 days ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

Allahabad High Court Grants Bail To Advocate Sentenced To 4 Yrs Imprisonment For 'Stalking' Woman Judge
1 month ago

Allahabad High Court Grants Bail To Advocate Sentenced To 4 Yrs Imprisonment For 'Stalking' Woman Judge

Live Law  

The Allahabad High Court recently granted bail to a practising advocate from Hamirpur district, who had been convicted earlier this year by a trial court and sentenced to four years in prison for 'stalking' a woman judge and making inappropriate comments about her. Seeking bail during the pendency of his revision plea, the accused moved the HC, wherein his counsel …

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl
1 month, 2 weeks ago

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl

Live Law  

The Kerala High Court has dismissed the bail application of a police officer who is accused of raping a 14-year-old minor girl who is stated to be a member of the scheduled caste. Justice K Babu observed that Courts must not lightly entertain bail applications when "serious offences" are alleged and a "prima facie case" is made out. Ultimately, it …

Kerala High Court denies bail to cop accused of raping minor Dalit girl
1 month, 2 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 …

Bombay HC grants bail to lesbian couple booked in child kidnapping case
1 month, 2 weeks ago

Bombay HC grants bail to lesbian couple booked in child kidnapping case

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday granted bail to a same-sex couple accused of kidnapping and trafficking a five-year-old girl, stating there was no evidence to support the trafficking charges. The court observed that while their actions may constitute kidnapping, which is a bailable offence, they appear to have been driven by the couple’s deep-seated desire to have a …

Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion
1 month, 3 weeks ago

Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion

Live Law  

The Allahabad High Court last week granted bail to one Javed Alam, who was booked in an FIR lodged by a Bajrang Dal member accusing him of abducting a Hindu minor girl and having physical relations with her. “…it reflects that victim is willing to join the company of the applicant and to perform her matrimonial duties,” the Court noted …

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

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case
2 months, 2 weeks ago

Trial Judge Upholds Acquittal of 4 Men in 2009 Rape Case

Live Law  

The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to 2009. The court found that the victim appeared to be a consenting party based on the evidence presented during trial. The court also referred to the Apex Court's judgment in Shailendra Rajdev Pasvan v. State of Gujarat, (2020), which …

Man sentenced to 30-year imprisonment for sexually assaulting minor girl
3 months, 3 weeks ago

Man sentenced to 30-year imprisonment for sexually assaulting minor girl

The Hindu  

The District and Sessions Court in Kalaburagi has sentenced Shamrao Chikkanagaon, a resident of Kamalapur taluk in Kalaburagi district, to 30 years imprisonment for sexually assaulting a minor girl. As per details provided by Shanthaveer B. Tuppad, public prosecutor in the case, the accused on January 5, 2023, sexually abused the minor with a promise of marriage and threatened to …

HC refuses bail to wife of suspended govt. officer in minor rape case
4 months ago

HC refuses bail to wife of suspended govt. officer in minor rape case

The Hindu  

The Delhi High Court on Friday refused bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her. The court dismissed the bail application of Seema Rani Khakha, noting the case “strikes at the root of trust between two families” and the possibility of influencing witnesses can’t be ruled …

Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises
4 months ago

Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises

Live Law  

In a significant order, the Allahabad High Court on Tuesday detained a man and handed over his custody to the police after it was discovered that he had married a 12-year-old girl. To substantiate their claim, they also filed their Aadhar Cards and a joint undertaking issued by the petitioners, Pramukh Acharya and the Secretary of the Arya Sanatan Dharm …

Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal Birth
5 months, 2 weeks ago

Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal Birth

Live Law  

The Kerala High Court has granted bail to a 23-year-old woman who had been in judicial custody for 80 days for allegedly throwing her infant child from her apartment building onto the road in an attempt to conceal the birth. The Court ordered thus: “ On an overall consideration of the facts, rival submissions made across the Bar, and the …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months, 2 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 …

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024
5 months, 4 weeks ago

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024

Live Law  

NOMINAL INDEX State Of U.P. India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC Case title – Kailash vs state of UP 2024 LiveLaw 415 Case citation: 2024 LiveLaw 415 The Allahabad High Court observed that if the current trend of conversions during religious congregations is permitted to continue, the majority …

Allahabad HC Denies Bail to Man Accused of Beheading Woman For Refusing Religious Conversion
5 months, 4 weeks ago

Allahabad HC Denies Bail to Man Accused of Beheading Woman For Refusing Religious Conversion

News 18  

The Allahabad High Court recently denied bail to a man, accused of killing a woman who refused to convert her religion after marrying a Muslim man. The court took into account the severity of the crime, accused Shoeb Akhtar’s involvement, and the advanced stage of the trial in its decision to deny bail. Shoeb Akhtar’s first bail application was rejected …

Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage
5 months, 4 weeks ago

Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage

Live Law  

On Tuesday, the Allahabad High Court denied bail to a man accused of brutally beheading a Hindu woman and leaving her body in a drain in September 2020 after she refused to convert to Islam following her marriage with one Ejaj/Aijaj. The first bail application of the applicant was rejected by the High Court in January, considering the facts that, …

Karnataka high court grants 15-day bail for rape accused to marry the victim: Report
6 months, 3 weeks 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
6 months, 3 weeks 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 …

Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority
7 months ago

Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority

Live Law  

Last week, the Allahabad High Court deferred its decision to allow a minor girl to reside with her 'husband' once she reached the age of majority. Hearing the matter on May 10, the Court directed the concerned SHO to produce the minor girl personally, having regard to her decency and security so that On May 23, the girl's family informed …

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority
8 months ago

Karnataka High Court Grants Bail To POCSO Accused After He Undertakes To Marry Victim Upon Her Attaining Age Of Majority

Live Law  

The Karnataka High Court recently granted bail to a POCSO rape accused after he and the guardian of the minor victim girl filed an affidavit in court agreeing for the accused to marry the victim immediately upon her attaining the age of majority. A single judge bench of Justice Rajendra Badamikar allowed the petition filed by Lokesh Kumar who was …

Allahabad High Court Grants Bail To Man Accused Of Abusing Lord Rama Considering His Unconditional Apology
8 months, 3 weeks ago

Allahabad High Court Grants Bail To Man Accused Of Abusing Lord Rama Considering His Unconditional Apology

Live Law  

Considering his unconditional apology tendered in the police station, the Allahabad High Court last week granted bail to one Riyaz alias Ovaisi, who has been accused of abusing Lord Rama on Facebook. A bench of Justice Sameer Jain granted him the relief while noting that the accused does not have any prior criminal record and has been in custody since …

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law
10 months, 1 week ago

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law

Op India  

On 23rd February 2024, the Allahabad High Court ruled that it cannot protect the live-in relationship of a legally wedded Muslim woman with another man, as this amounted to a crime according to Sharia. Justice Renu Agarwal gave this verdict on a plea filed by a married Muslim woman and her Hindu live-in partner fearing for her life against threats …

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife
10 months, 2 weeks ago

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife

Live Law  

The Delhi High Court on Monday denied default bail to Delhi Government's suspended Women and Child Development Department officer Premoday Khakha, accused of raping a minor girl over several months and impregnating her. Court also denied relief to Khakha's wife.Justice Jyoti Singh rejected the pleas moved by Khakha and his wife seeking default bail under Section 167 of Code of. …

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children
10 months, 3 weeks ago

'Extraordinary Circumstance': Madras HC Quashes POCSO Case over Minor's Marriage, Prioritising Well-being of Young Children

News 18  

The Madras High Court recently quashed a case filed under the Protection of Children from Sexual Offences Act, 2012, and The Prohibition of Child Marriage Act, 2006. Based on that, the case was registered under the provisions of the POCSO Act and the Prohibition of Child Marriage Act, 2006, against the victim’s husband, his father, and the victim’s parents. The …

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry
11 months, 2 weeks ago

Victim's Age Not Proved, POCSO Offence Not Established: Madras HC Sets Aside Man's Conviction For Allegedly Raping Neighbour On False Promise To Marry

Live Law  

The Madras High Court recently set aside the conviction and sentence imposed on a man accused of allegedly committing sexual assault on his neighbour on the false promise to marry. Justice KK Ramakrishnan observed that the prosecution had failed to prove the age of the victim girl to constitute an offence under the Prevention of Children From Sexual Offences Act. …

Bombay HC grants bail to man accused of raping minor, says the sexual relationship was out of love, not lust
11 months, 4 weeks ago

Bombay HC grants bail to man accused of raping minor, says the sexual relationship was out of love, not lust

Op India  

In a shocking ruling, the Nagpur bench of Bombay High Court granted bail to a man accused of raping a minor girl. The court observed that the alleged sexual relationship between the accused and the minor girl was out of a love affair and not lust. The court took into account the fact that the minor girl stayed with the …

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC
1 year ago

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC

Hindustan Times  

While acquitting a man of the charges under section 377 of the Indian Penal Code for allegedly committing an “unnatural offence” against his wife, the Allahabad high court has observed that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more. While partly allowing a revision petition filed by …

Bombay High Court grants bail to Kolhapur man accused of raping minor girl
1 year, 3 months ago

Bombay High Court grants bail to Kolhapur man accused of raping minor girl

India Today  

The Bombay High Court on Monday granted bail to a Kolhapur man, who eloped with a minor girl, but left her when she got pregnant and eloped with another girl. The High Court also directed a special court under the Protection of Children from Sexual Offences Act in Pune to record the statement of the victim at the earliest. A …

Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy
1 year, 4 months ago

Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy

News 18  

The Allahabad High Court on Wednesday directed that adequate medical facilities and ex-gratia payment under the scheme ‘Rani Laxmi Bai Mahila Samman Kosh’ be provided to the 15-year-old rape survivor who had approached the HC seeking permission to terminate her 28-week pregnancy. The bench of Justices Mahesh Chandra Tripathi and Prashant Kumar noted that the medical board, which examined the …

Allahabad HC Orders Medical Facility, Compensation For Minor Rape Survivor Seeking Abortion As Her Father Agrees To Keep Baby Till Adoption
1 year, 4 months ago

Allahabad HC Orders Medical Facility, Compensation For Minor Rape Survivor Seeking Abortion As Her Father Agrees To Keep Baby Till Adoption

Live Law  

The Allahabad High Court on Wednesday adequate medical facility and compensation for a 15-year-old year rape victim seeking to terminate her 29-week pregnancy after her father agreed to look after the newborn baby till adoption.The rape survivor had essentially moved the High Court seeking to terminate her pregnancy, however, looking at the medical report of the girl, which stated that …

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law
1 year, 4 months ago

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law

Firstpost  

The incident came to light through a first information report filed by the child’s mother, asserting that during October and November 2014, while the child was alone, the accused visited their residence four to five times and committed sexual assault The Delhi High Court has recently reaffirmed the acquittal of a Muslim man who had been accused of sexually assaulting …

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal
1 year, 4 months ago

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal

Live Law  

The Delhi High Court has upheld the acquittal of a Muslim man in a rape case observing that his physical relationship with the child victim aged about 15 years, who was also his wife, cannot be termed as rape. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the trial court order which observed that …

Allahabad HC Grants Bail To 'Minor' Accused Of Posting FB Comments Against Goddess Durga, Was In Jail Since Sep 2022
1 year, 4 months ago

Allahabad HC Grants Bail To 'Minor' Accused Of Posting FB Comments Against Goddess Durga, Was In Jail Since Sep 2022

Live Law  

The Allahabad High Court recently granted bail to a minor who has been accused of posting comments against Goddess Durga on his Facebook Account. Perusing his High School Marks-sheet and Aadhar card showing his year of birth to be January 2006, the bench of Justice Subhash Vidyarthi directed to release him on bail. Accused-Minor, booked under Sections 298, 505 IPC …

Allahabad high court allows termination of 12-year-old rape survivor’s pregnancy
1 year, 5 months ago

Allahabad high court allows termination of 12-year-old rape survivor’s pregnancy

Hindustan Times  

The Allahabad high court on Wednesday allowed a 12-year-old rape survivor to undergo medical termination of pregnancy after taking into account the medical board’s opinion that the continuation of pregnancy poses a greater risk to the girl’s physical and mental health due to her “tender age”. The bench, after going through the medical report, observed, “Considering the facts and circumstances …

Supreme Court Closes Suo Motu Case Against Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'
1 year, 5 months ago

Supreme Court Closes Suo Motu Case Against Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'

Live Law  

The Supreme Court on Tuesday closed the matter in which it took suo motu cognizance of the order of the Allahabad High Court which directed the Head of Astrology Department, Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali. Justice Dhulia stated that the Court in its previous order had left it to …

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus
1 year, 6 months ago

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus

India Today  

The Aurangabad bench of the Bombay High Court on Monday refused to permit a 15-year-old rape victim to abort her 28-week pregnancy as doctors have opined the baby would be born alive even if forcible delivery is performed at this stage. The high court bench expressed concerns that a forced delivery could result in the birth of an underdeveloped child …

SC stays Allahabad HC order to decide whether woman is 'manglik'
1 year, 7 months ago

SC stays Allahabad HC order to decide whether woman is 'manglik'

Deccan Chronicle  

New Delhi: The Supreme Court Saturday stayed an unusual order of the Allahabad High Court asking the head of the department of astrology of Lucknow University to decide whether a woman, an alleged rape victim, is 'manglik' or not. A vacation bench of the apex court, which took suo motu cognisance of the matter, stayed the effect and operation of …

Supreme Court stays Allahabad HC order on examining ‘kundali’ of rape victim
1 year, 7 months ago

Supreme Court stays Allahabad HC order on examining ‘kundali’ of rape victim

Live Mint  

The Supreme Court on Saturday stayed the Allahabad High Court verdict which directed the Head of Department in Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her 'Kundali' in three weeks. Taking a suo moto cognizance of the order delivered by the Lucknow bench of the High Court, the apex court questioned the relevance …

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, 7 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 …

'Victim Was Trapped In Pornography Web': Allahabad High Court Denies Bail To Advocate Accused Of Raping Client
1 year, 7 months ago

'Victim Was Trapped In Pornography Web': Allahabad High Court Denies Bail To Advocate Accused Of Raping Client

Live Law  

The Allahabad High Court on Friday denied bail to an advocate who has been accused of repeatedly making physical relationships with the victim, his client, against her wishes after threatening her with dire consequences.While rejecting his bail plea, the bench of Justice Saurabh Shyam Shamshery was of the view that the accused is well acquainted with the victim and since …

Bombay High Court grants bail to 19-year-old accused in rape case
1 year, 8 months ago

Bombay High Court grants bail to 19-year-old accused in rape case

India Today  

The Bombay High Court has granted bail to a 19-year-old accused in a gang rape case, stating that the detention will turn him into a hardened criminal. Detention of the applicant in custody will turn him into a hardened criminal," the high court said while granting bail to the accused who has been behind bars since 2021. READ | Bombay …

Unless Minor Victim Specifically Denies, Existence Of A Physical Relationship Is To Be Presumed If Victim-Accused Solemnised Marriage: Allahabad HC
1 year, 8 months ago

Unless Minor Victim Specifically Denies, Existence Of A Physical Relationship Is To Be Presumed If Victim-Accused Solemnised Marriage: Allahabad HC

Live Law  

In a significant ruling, the Allahabad High Court has held that unless a minor victim denies explicitly the existence of physical relation, it can be presumed that the victim and accused, who lived as husband-wife or that they solemnised marriage, had established physical relation.The Bench of Justice Saurabh Shyam Shamshery further held in those cases where the existence of a. …

Bombay HC grants interim bail to 20-year-old student accused of raping schoolmate
1 year, 8 months ago

Bombay HC grants interim bail to 20-year-old student accused of raping schoolmate

India Today  

Considering that age of an accused in the Protection Of Children from Sexual Offences Act, the Bombay high court granted interim bail to a 20-year-old student who was charged with raping his schoolmate. The bench of Justice Anuja Prabhudessai went through the FIR and noted "prima facie reveals that the accused and the victim were studying in the same school …

Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea
1 year, 9 months ago

Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea

Live Law  

The Karnataka High Court has refused bail to an accused in a case under the Protection of Children from Sexual Offence Act, who claimed that the victim minor girl was a consenting party and that there was absence of element of force. Justice V Srishananda said the "consent, if any, of the victim girl for the penetrative sexual assault said …

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child
1 year, 9 months ago

Bombay High Court upholds 10-yr sentence of man who sexually assaulted girl-child

India Today  

Holding that "a little girl of 3-½ years, who is not even introduced to her own organs, cannot be expected to give an exact description of her private parts," the Bombay High Court has upheld a 10-year sentence against a Mumbai man. READ | Bombay High Court allows anticipatory bail to police constable accused of rape On the afternoon of …

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case
1 year, 10 months ago

Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case

Live Law  

The Kerala High Court on Wednesday granted bail to a person accused of offence under the Protection of Children from Sexual Offences Act, on doubting the veracity of the prosecution version. Justice Kauser Edappagath took note that the victim in the case had given a complaint to the police for the first time after more than five years after the …

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