'Underwent A Traumatic Experience, Was Panic Stricken & Disoriented': Calcutta HC Dismisses Plea Of Delayed Lodging Of FIR, Upholds Conviction Of Gang Rape
2 years, 9 months ago

'Underwent A Traumatic Experience, Was Panic Stricken & Disoriented': Calcutta HC Dismisses Plea Of Delayed Lodging Of FIR, Upholds Conviction Of Gang Rape

Live Law  

The Calcutta High Court has recently observed that a delay of a few hours in lodging of the FIR by a victim of gang rape will not vitiate the prosecution case since it is natural for the victim to remain disoriented and confused after having gone through such a traumatic experience thereby justifying such a delay. A Bench comprising Justice Joymalya Bagchi and Bivas Pattanayak was adjudicating upon an appeal against a judgment of the concerned Sessions Court convicting the appellants for the offence of gang rape under Section 376 of the IPC. Acknowledging that it is natural for a victim of gang rape to be disoriented and confused thereby causing a delay in lodging the FIR, the Court underscored further, "The victim underwent a traumatic experience of sexual assault and was panic stricken. Upon perusal of the rival submissions and the evidence on record, the Court upheld the conviction of the appellants for the offence of gang rape under section 376 of the IPC.

Sexual Assault Court Rape Victim Incident Gang Delay Ipc Appellants Fir Cal Her Husband Offence Gang Rape Rigorous Imprisonment Lodging Swapan Mondal  traumatic  stricken  fir  offence  hc  underwent  upholds  plea  lodging  gang  panic  court  victim  incident  sentence  appellants  rape  delay

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 …

RG Kar Rape-Murder | Victim's Parents Move Calcutta High Court Against CBI Probe, Seek Fresh Investigation
3 weeks ago

RG Kar Rape-Murder | Victim's Parents Move Calcutta High Court Against CBI Probe, Seek Fresh Investigation

Live Law  

In another development arising from the brutal rape and murder of a trainee doctor at Kolkata's RG Kar medical college and hospital, the parents of the victim girl have moved the Calcutta High Court challenging the CBI probe into the incident and seeking a fresh investigation into the case. Notably, while the trial against the main accused Sanjoy Roy is …

'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 …

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 …

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court
3 months, 3 weeks ago

"Juveniles Treated Too Leniently In This Country, Legislature Has Still Not Learnt Any Lessons From Horrors Of Nirbhaya": MP High Court

Live Law  

While upholding the conviction of a juvenile for rape of a four-year-old girl, the Madhya Pradesh High Court lamented the "lenient" laws in the country so far as juvenile offenders are concerned. Justice Subodh Abhyankar sitting at Indore observed, “Court is once again at pains to observe that juveniles in this country are being treated rather too leniently, and that …

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC
3 months, 4 weeks ago

Rape Victim Testimony Not Vitiated By Mere Lack Of Medical Evidence But Courts Must Be On Guard Against False Implication Of Accused: Jharkhand HC

Live Law  

The Jharkhand High Court has reiterated that sexual assaults, typically not occurring in public, do not necessitate corroboration in every instance. The court highlighted that unless a victim's testimony contains something significantly unusual, it should not be dismissed solely for lack of medical evidence. The division bench, led by Justices Ananda Sen and Gautam Kumar Choudhary, noted, “At the outset, …

Kolkata rape and murder case: Harbhajan Singh pens ‘heartfelt plea’, seeks ‘swift and decisive’ action
4 months, 3 weeks ago

Kolkata rape and murder case: Harbhajan Singh pens ‘heartfelt plea’, seeks ‘swift and decisive’ action

Hindustan Times  

Former cricketer Harbhajan Singh, Rajya Sabha member from the Aam Admi Party, on Sunday took to social media to share his 'heartfelt plea’ addressing West Bengal chief minister Mamata Banerjee and governor CV Ananda Bose, over the rape-murder of a trainee doctor at the RG Kar Medical College and Hospital in Kolkata. Harbhajan Singh Expressing his ‘deep anguish’ over the …

Parents Of Victim Have History Of Long Matrimonial Discord: Delhi HC Grants Bail To Person Who Was Alleged For Raping His Daughter
7 months, 1 week ago

Parents Of Victim Have History Of Long Matrimonial Discord: Delhi HC Grants Bail To Person Who Was Alleged For Raping His Daughter

Live Law  

Noticing that the parents of the victim have a history of matrimonial discord and they have filed multiple complaints against each other, the Delhi High Court held that age of minor victim vis-à-vis age of the accused, the family relationship between the victim and the accused and the chances of the accused threatening the victim, must be considered while deciding …

1.5 years later, FIR lodged over brutal rape of help in SE Delhi
8 months, 2 weeks ago

1.5 years later, FIR lodged over brutal rape of help in SE Delhi

Hindustan Times  

Nearly a year-and-a-half after a 25-year-old woman was allegedly gang-raped by the son of her employers and three or four of his friends, the Delhi Police lodged a first information report at a police station in southeast Delhi in connection with the case on April 15 after directions from a Delhi court, police officers aware of the matter said on …

Landlord rapes deaf and dumb woman in Ludhiana
10 months, 3 weeks ago

Landlord rapes deaf and dumb woman in Ludhiana

Hindustan Times  

The Focal Point police booked a man for allegedly raping his deaf and dumb tenant after dragging her to his room in Durga Colony. ASI Purshotam Lal, who is investigating the case, said that an FIR under section 376 of the IPC has been lodged against the accused. At the time of the incident on Saturday, the woman was alone …

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. …

Girl Gang-Raped by Five Men For 20 Days in UP; Accused Absconding
1 year, 2 months ago

Girl Gang-Raped by Five Men For 20 Days in UP; Accused Absconding

News 18  

A 19-year-old woman was allegedly kidnapped and gang-raped by five men for 20 days here, police said on Monday. In her complaint, the survivor said the accused were supported by two women – Saira Begum and Zeba Khan. Circle officer Jitendra Kumar Sargam said, “A woman levelled allegations of abduction and gang-rape against seven people, and after initial investigation, we …

Calcutta High Court Orders State To Reconsider Gang Rape Convicts' Plea For Premature Release, Says Can't 'Blindly' Cite Heinous Nature Of Crime
1 year, 2 months ago

Calcutta High Court Orders State To Reconsider Gang Rape Convicts' Plea For Premature Release, Says Can't 'Blindly' Cite Heinous Nature Of Crime

Live Law  

The Calcutta High Court has directed the State Sentence Review Board to reconsider the case of two gang rape convicts for premature release after 22 years of incarceration, which had been denied by the Board on earlier occasions. In reprimanding the authorities for being unable to fittingly consider the petitioners plea for remission, a single-bench of Justice Sabyasachi Bhattacharya held: …

Family's Prestige At Stake In Rape Cases, Delay In Filing FIR Not Fatal To Prosecution If Proper Explanation Given: Jharkhand High Court
1 year, 3 months ago

Family's Prestige At Stake In Rape Cases, Delay In Filing FIR Not Fatal To Prosecution If Proper Explanation Given: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that delay in lodging FIR in cases of rape, where the dignity and reputation of the family are on the line, should not be considered fatal to the prosecution's case. in rape case cannot fatal to prosecution if there is cogent and trustworthy evidence.” The bench was hearing a 12 years old Criminal Appeal …

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation
1 year, 3 months ago

Calcutta High Court Denies Bail To Gang-Rape Accused, Cites Attempts To Threaten Victim, Influence Police Investigation

Live Law  

The Calcutta High Court has refused to grant bail to the petitioners, accused of gang-rape by the victim who alleged that she was attacked at the birthday party of one of the accused. Earlier, a division-bench of Justice Joymalya Bagchi and Justice Gaurang Kanth had taken serious exception to the police’s actions in harassing the victim, and the petitioner’s attempts …

'Age-Old Principle "Where Women Are Respected, Gods Live There" Would Recede To Background' : Supreme Court Cancels Bail To Gang-Rape Accused
1 year, 4 months ago

'Age-Old Principle "Where Women Are Respected, Gods Live There" Would Recede To Background' : Supreme Court Cancels Bail To Gang-Rape Accused

Live Law  

A Division Bench of the Supreme Court, while allowing an appeal challenging the grant of bail to accused in a gang rape case, observed: “The offence alleged in the instant case is heinous and would be onslaught on the dignity of the womanhood and the age old principle of यत ननायर्यस्तत पपूज्यन्तत रमन्तत तत दतवतनाताः would recede to the background …

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court
1 year, 6 months ago

Undressing & Sleeping Over Minor Victim, Asking To Penetrate Her Private Part Amounts To ‘Sexual Assault’, Not Rape: Orissa High Court

Live Law  

The Orissa High Court has recently held that undressing a girl under the age of 12 years, sleeping over her and merely asking her to penetrate her private part with male organ of the accused does not amount to rape. or ‘penetrative sexual assault’ as defined in section 3 of the POCSO Act.” The Prosecution Case The victim was five …

Calcutta High Court Seeks Explanation From Police Why Person Accused Of Threatening Alleged Gang-Rape Victim Released "Promptly"
1 year, 7 months ago

Calcutta High Court Seeks Explanation From Police Why Person Accused Of Threatening Alleged Gang-Rape Victim Released "Promptly"

Live Law  

The Calcutta High Court has expressed dismay at the action of Police authorities in "promptly releasing" a person, accused of threatening the victim of alleged gang rape case of Vedic Village in Rajarghat to withdraw her case. The division bench of Justice Ajay Kumar Gupta and Justice Joymalya Bagchi has directed the Officer-in-Charge of the concerned Police Station to appear …

Rape accused, out on pre-arrest bail, attack survivor with acid in Haridwar
1 year, 9 months ago

Rape accused, out on pre-arrest bail, attack survivor with acid in Haridwar

Hindustan Times  

A rape accused, out on pre-arrest bail, allegedly hurled acid at the survivor in the case in Uttarakhand’s Haridwar district on Saturday evening, a police official said on Sunday. The incident took place around 10pm when the survivor, along with her sister, was returning home after visiting a doctor, the woman said in her police complaint. Confirming the incident, Haridwar …

Allegations Of Sexual Assault On Rise; Inordinate Delay In Lodging FIR To Be Considered At The Stage Of Bail: Allahabad HC
1 year, 10 months ago

Allegations Of Sexual Assault On Rise; Inordinate Delay In Lodging FIR To Be Considered At The Stage Of Bail: Allahabad HC

Live Law  

Observing that false implication in sexual offences is on a rise, the Allahabad High Court last week granted bail to two men accused of committing gang rape against a married woman while stressing that inordinate delay in lodging the FIR has to be considered at the time of adjudicating bail plea.The bench of Justice Krishan Pahal further added that much …

Difficult To Accept A Widow With Two Children Residing In A Thickly Populated Locality Could Be Forcibly Raped On Several Occasions: Bombay High Court
2 years ago

Difficult To Accept A Widow With Two Children Residing In A Thickly Populated Locality Could Be Forcibly Raped On Several Occasions: Bombay High Court

Live Law  

Finding it difficult to accept that a widow with two children could be raped many times in a thickly populated locality, the Bombay High Court recently quashed an FIR against a man accused of raping a woman. It is difficult to accept that a widow with two children residing in a thickly populated residential locality could be forcibly raped not …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 1 month ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

Failed Relationship Not Ground To Lodge FIR For Repeated Rape U/S 376(2)(n) IPC: Andhra Pradesh High Court
2 years, 4 months ago

Failed Relationship Not Ground To Lodge FIR For Repeated Rape U/S 376(2)(n) IPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court in a recent case reiterated the law laid down by the Supreme Court in 599) that if the complainant willingly stayed in a relationship, then the relationship eventually not working out cannot be a ground for lodging an FIR for the offence under Section 376 of IPC. Brief Facts of the Case The Criminal Petition …

Delay In Lodging FIR Can't Be Taken Into Consideration While Dealing With Pre Arrest Bail Plea If Probe At Threshold: P&H High Court
2 years, 5 months ago

Delay In Lodging FIR Can't Be Taken Into Consideration While Dealing With Pre Arrest Bail Plea If Probe At Threshold: P&H High Court

Live Law  

The Punjab and Haryana High Court has observed that the delay in lodging the FIR cannot be taken into consideration at the stage of consideration of anticipatory bail when the investigation is at threshold.Observing thus, the Bench of Justice Rajesh Bhardwaj denied anticipatory bail to one Maninderpal Singh who has been booked under Sections 354, 354- A, 354-D and 452 …

Consent Of Complainant Prima Facie Established, FIR Lodged With Delay Of 2.5 Yrs: Gujarat High Court Grants Bail To Rape-Accused
2 years, 5 months ago

Consent Of Complainant Prima Facie Established, FIR Lodged With Delay Of 2.5 Yrs: Gujarat High Court Grants Bail To Rape-Accused

Live Law  

The Gujarat High Court recently granted bail to a rape-accused while observing that from the facts and circumstances of the case, it is of the prima-facie view that the alleged act was consensual in nature.A bench comprising Justice Ilesh Vora observed that the record and photographs of the parties indicate that the parties were in good terms and the applicant …

"Serious Issue": Gujarat HC On Lawyer's Plea Alleging That He Was Illegally Detained By Police Officer For Advising Client
2 years, 9 months ago

"Serious Issue": Gujarat HC On Lawyer's Plea Alleging That He Was Illegally Detained By Police Officer For Advising Client

Live Law  

The Gujarat High Court today took a serious note of a plea moved by an advocate who sought to initiate contempt of court proceedings against a police officer for violation of guidelines laid down by the Supreme Court of India in Arnesh Kumar v. State Of Bihar, by alleging that the officer/alleged contemnor detained him on account of a previous …

Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl
2 years, 10 months ago

Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl

Live Law  

The Calcutta High Court has recently upheld the conviction of a man for raping a 7 year old girl by observing that mere penetration is sufficient to prove the offence of rape and that presence of injuries on the body of the victim is not necessary. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi observed, "It has also been …

'Not Unmindful Of Social Stigma Attached To Nature Of The Offence': Calcutta HC Condones Delay In Lodging FIR In POCSO Case Of Man Raping 14 Yr Old
2 years, 11 months ago

'Not Unmindful Of Social Stigma Attached To Nature Of The Offence': Calcutta HC Condones Delay In Lodging FIR In POCSO Case Of Man Raping 14 Yr Old

Live Law  

The Calcutta High Court on Wednesday observed that there is existing social stigma associated with the offence of rape and accordingly held that a delay in lodging FIR in cases of such nature would not vitiate the prosecution case. The Court accordingly upheld the conviction of a man for raping a minor victim aged 14 years who had subsequently given …

Delhi HC refuses to quash rape FIR after settlement, marriage of both parties
3 years ago

Delhi HC refuses to quash rape FIR after settlement, marriage of both parties

Op India  

The Delhi High Court has refused to dismiss an FIR filed against a government employee charged with rape, stating that such an FIR cannot be dismissed on the basis of a settlement reached between the parties and their subsequent marriage because it does not absolve the claimed violation. The Court noted that, while both parties had reached an amicable settlement …

ASG YJ Dastoor Seeks Retraction Of Times Of India Report Which Stated That CBI Found No Evidence In 21 Rape Cases
3 years ago

ASG YJ Dastoor Seeks Retraction Of Times Of India Report Which Stated That CBI Found No Evidence In 21 Rape Cases

Live Law  

Additional Solicitor General for the Calcutta High Court YJ Dastoor has written a letter to the Editor of the Times of India, seeking retraction of its news report claiming that the Central Bureau of Investigation had found no evidence in 21 rape cases filed in the aftermath of post-poll violence in West Bengal.He referred to the print and web version …

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court
3 years, 1 month ago

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court

Live Law  

The Karnataka High Court recently held that in a case of heinous offence of rape, even if the parties have settled the dispute, the same cannot be accepted and the proceedings cannot be quashed since it will have serious impact on the society. The petitioners relied on the judgement passed by the High court in the case of Vijaya Kumar …

"Boyfriend Remained Silent Spectator When His Beloved Was Brutally Sexually Assassinated": Allahabad HC Denies Bail In Gang-Rape Case
3 years, 2 months ago

"Boyfriend Remained Silent Spectator When His Beloved Was Brutally Sexually Assassinated": Allahabad HC Denies Bail In Gang-Rape Case

Live Law  

The Allahabad High Court recently denied bail to a person accused of gang-raping his girlfriend, along with three other persons noting that he remained silent spectator when co-accused persons were brutally sexually assassinating his beloved in front of him. Unfortunately, it was further argued, when the victim was busy in that act, remaining co-accused persons also reached on the spot …

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry
3 years, 3 months ago

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry

Live Law  

The Madras High Court on Monday ruled that an offence of rape under Section 376 IPC on the pretext of false promise to marry is not made out when the complainant willingly engages in the sexual act knowing that the intended marriage may not take place at all on account of her own marital status. The facts of the case …

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused
3 years, 3 months ago

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused

Live Law  

Underscoring that crime against the women is a monstrous burial of dignity in the darkness, and it against the holy body of a woman and the soul of a society, the Allahabad High Court last week denied anticipatory bail to a man accused of gang-raping a minor.The bench of Justice Chandra Dhari Singh denied bail to the accused noting that …

Victim Of Sexual Offence Can't Have Any Locus To Approach Court For Quashing Of FIR: Himachal Pradesh High Court
3 years, 4 months ago

Victim Of Sexual Offence Can't Have Any Locus To Approach Court For Quashing Of FIR: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently observed that a victim of a sexual offence cannot have any locus standi to approach the Court for quashing of FIR registered for the sexual assault which she had faced. The Bench of Justice Anoop Chitkara was hearing a petition of a rape victim, wherein she sought quashing of FIR registered at her instance …

"System Laughing At Us": Gujarat HC Orders Release Of Rape Convict With Whom 'Victim' Willingly Married, Gave Birth To Children
3 years, 4 months ago

"System Laughing At Us": Gujarat HC Orders Release Of Rape Convict With Whom 'Victim' Willingly Married, Gave Birth To Children

Live Law  

The Gujarat High Court last week ordered the release of a rape convict on bail by suspending his sentence while noting that the alleged victim admitted that she, on her own, married, started living with him, and even gave birth to his two children. Calling it the glaring aspect of the matter, the Court noted that neither the mother nor …

Gang Rape- "Traditionally Women Are Unsecured, Deprived Of Equal Rights & Tyrants Take Undue Advantage Of It": Allahabad HC Denies Bail
3 years, 5 months ago

Gang Rape- "Traditionally Women Are Unsecured, Deprived Of Equal Rights & Tyrants Take Undue Advantage Of It": Allahabad HC Denies Bail

Live Law  

Observing that in villages, towns, and semi-urban areas, there is no effect of women's awakening going on for centuries but traditionally women are unsecured, deprived of equal rights, deprived of the right to redress injustice, the Allahabad High Court recently denied bail to two gang rape accused. The Bench of Justice Vikas Kunvar Srivastav also made a mention of the …

'Clear That Police Helped Culprit' : Karnataka High Court Cancels Bail Granted To Rape-Accused Cop
3 years, 7 months ago

'Clear That Police Helped Culprit' : Karnataka High Court Cancels Bail Granted To Rape-Accused Cop

Live Law  

Observing that "this is a classic example of how the police allow the accused person, who commits the heinous offence to go scot-free, instead of arresting him when he himself was available in the police station," the Karnataka High Court has directed the police to arrest Vishwanth Biradar, a police sub inspector accused of rape. A single bench of Justice …

Teenager Gang Raped in Presence of Younger Sibling in Bihar's Rohtas District
4 years ago

Teenager Gang Raped in Presence of Younger Sibling in Bihar's Rohtas District

News 18  

A 16-year-old girl, returning from a household chore, was allegedly waylaid and gang raped by three known persons in Bihar’s Rohtas district, police said on Monday. The crime was committed in Rohtas’ Dehri-on-Sone locality on December 23 but was reported to police only on Friday, Dehri SDPO Sanjay Kumar said. As per the statement of the victim’s mother, her two …

Allowing Jail Premises To Be Used For Committing Crime Would Put Members Of The Society Under Serious Threat: Allahabad High Court [Read Order]
4 years, 1 month ago

Allowing Jail Premises To Be Used For Committing Crime Would Put Members Of The Society Under Serious Threat: Allahabad High Court [Read Order]

Live Law  

"If the premises of a district jail facility are itself so porous and its administration so lax, as may allow such jail premises to be used to commit further crime both outside and inside the jail, the members of the society would be under a serious threat and the entire social and civil structure and the order would be at …

In Case Of A Gang Rape, Medical Corroboration Not An Absolute Necessity: MP HC Denies Bail Despite The Fact That Victim Married Accused [Read Order]
4 years, 2 months ago

In Case Of A Gang Rape, Medical Corroboration Not An Absolute Necessity: MP HC Denies Bail Despite The Fact That Victim Married Accused [Read Order]

Live Law  

The Madhya Pradesh High Court on Friday noted in an order that in cases of Gang Rape, medical corroboration is not an absolute necessity. Court's Order Denying the benefit of bail to accused-appelant, the Court remarked, "After hearing counsel for both the parties and the entire material available in the PDF format and the fact that it is a case …

"It Was A Case Of Fence Eating Into The Crop"; Bombay HC Upholds Conviction & Life Sentence Of Father Who Raped Minor Daughter Repeatedly [Read Judgment]
4 years, 3 months ago

"It Was A Case Of Fence Eating Into The Crop"; Bombay HC Upholds Conviction & Life Sentence Of Father Who Raped Minor Daughter Repeatedly [Read Judgment]

Live Law  

The Bombay High Court while upholding the conviction and life sentence of a father who raped his own minor daughter for over a year repeatedly, placed complete faith on the victim's testimony, the medical evidence and observed that to her misfortune, her prime protector preyed on her as sexual predator. Advocate Madhusudan Pareek appeared on behalf of the accused and …

'In View Of Marriage Of Accused With Victim, Trial To Be Futile':Gujarat HC Quashes FIR For Rape Of Minor [Read Judgment]
4 years, 3 months ago

'In View Of Marriage Of Accused With Victim, Trial To Be Futile':Gujarat HC Quashes FIR For Rape Of Minor [Read Judgment]

Live Law  

The Gujarat High Court last week quashed an F.I.R. pertaining to rape of a minor by an on duty police officer, taking into account "full and final settlement" between the complainant and the accused by the latter entering into marriage with the victim. The Court also referred to the landmark decisions of Supreme Court in case of Parbatbhai Aahir vs. …

Unnao rape case: Tis Hazari Court defers hearing to decide quantum of punishment for Kuldeep Sengar till 20 December
5 years ago

Unnao rape case: Tis Hazari Court defers hearing to decide quantum of punishment for Kuldeep Sengar till 20 December

Firstpost  

Delhi’s Tis Hazari court deferred the hearing to decide the quantum of sentence to be awarded to expelled BJP MLA Kuldeep Singh Sengar. Delhi’s Tis Hazari court deferred the hearing to decide the quantum of sentence to be awarded to expelled BJP MLA Kuldeep Singh Sengar on Tuesday, a day after he was convicted in the case of the rape …

Delhi court pulls up police for failing to register FIR on rape survivor's complaint of threat
5 years ago

Delhi court pulls up police for failing to register FIR on rape survivor's complaint of threat

India TV News  

A local court here has pulled up Delhi Police for failing to register an FIR on a rape survivor's complaint that she had allegedly received threat from some persons to withdraw her case of sexual assault. Additional Sessions Judge Satish Kumar sought a reply from the Station House Officer of Jahangirpuri police station explaining why no action be taken against …

Nirbhaya gangrape: Delhi court admits parents' plea seeking transfer of case to another judge
5 years, 1 month ago

Nirbhaya gangrape: Delhi court admits parents' plea seeking transfer of case to another judge

India Today  

A Delhi Court has admitted a plea filed by the parents of 2012-gangrape victim, seeking transfer of the case to another judge. The special fast track court, set up to hear cases of sexual harassment cases exclusively, of Patiala House Court is currently vacant and no judge has been appointed till now. In December last year, the parents of Nirbhaya, …

Minor gangraped in Gurugram; seeks help from passers-by, gets raped again
5 years, 5 months ago

Minor gangraped in Gurugram; seeks help from passers-by, gets raped again

India TV News  

A 15-year-old girl, allegedly gang-raped by three men on July 5, was assaulted again by two passers-by in Punhana of Haryana’s Gurugram. The Hindustan Times quoted Gurugram police as saying: "The girl, in her statement, said the acquaintance had called two of his friends, who raped her and threatened her with a countrymade pistol, against disclosing the incident to anyone. …

Bombay HC Sets Aside Rape Conviction Of 19 yr Old boy, Says Possibility Of false Implication Cannot Be Ruled Out [Read Judgment]
5 years, 7 months ago

Bombay HC Sets Aside Rape Conviction Of 19 yr Old boy, Says Possibility Of false Implication Cannot Be Ruled Out [Read Judgment]

Live Law  

The Bombay High Court recently quashed and set aside the conviction of a 19-year-old in a rape case. Case Background According to the prosecution, on March 10, 2009, the day of Holi, when the victim was celebrating outside, three accused including the appellant dragged her to a nearby river, which was approximately 10 minutes walking distance and the appellant raped …

Bombay HC decision to stay criminal proceedings against man accused of raping minor wife disrespects rights of rape survivors
5 years, 8 months ago

Bombay HC decision to stay criminal proceedings against man accused of raping minor wife disrespects rights of rape survivors

Firstpost  

The Bombay HC’s reasoning behind staying criminal proceedings against a man accused of raping minor wife in a recent case fails to justify why someone facing allegations of grave sexual offences like rape should be allowed to ‘negotiate’ his way out of the crime The Bombay High Court, exercising its inherent powers under Section 482 of the Criminal Procedure Code …

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