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 of gang rape and delay in lodging the FIR in rape cases is no ground to discard entire prosecution case and it is also not necessary that medically it should be corroborated and looking to the statement of prosecutrix recorded under section 164 of Cr.P.C. In the case of Ranjit Hazarika v. State of Assam 8 SCC 635, the opinion of the doctor was that no rape appeared to have committed because of the absence of rupture of hymen and injuries on the private part of the prosecutrix, however, the Apex Court took the view that the medical opinion cannot throw overboard an otherwise cogent and trustworthy evidence of the prosecutrix. Last year, the Karnataka High Court while setting aside an acquittal order and convicting a 47-year old man on charges of raping a minor girl had aid "the very evidence of victim inspires confidence of the Court that accused subjected her to sexual act and even in the absence of medical evidence this court can come to the conclusion that victim was subjected to sexual assault."

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History of this topic

Injuries Insufficient To Cause Death: Gujarat HC Grants Bail To Police Officers Convicted For Murder Of A Boy At An Observation Home
1 week, 2 days ago

Injuries Insufficient To Cause Death: Gujarat HC Grants Bail To Police Officers Convicted For Murder Of A Boy At An Observation Home

Live Law  

A division bench of Justice Ilesh J Vora and Justice SV Pinto in its order examined the case records and examination of the Medical Officer who had conducted the deceased's post mortem and had admitted during the cross-examination that the external injuries on the deceased were simple injuries and and the individual injuries were not sufficient to cause death. The …

HC Adjourns Mohan Babu’s Anticipatory Bail Petition
3 weeks ago

HC Adjourns Mohan Babu’s Anticipatory Bail Petition

Deccan Chronicle  

Hyderabad: The Telangana High Court on Thursday was not inclined to grant anticipatory bail to veteran actor M. Mohan Babu in the FIR registered for an alleged attack on a journalist. Justice K. Lakshman on Thursday was hearing the anticipatory bail application of the former MP in connection with charges of attacking a reporter on a local TV channel. Mohan …

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
3 weeks, 3 days 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 …

RG Kar Rape-Murder: Bail Granted To Sandip Ghosh, Abhijit Mondal As Chargesheet ‘Not Filed Within 90 Days’
Top News
3 weeks, 6 days ago

RG Kar Rape-Murder: Bail Granted To Sandip Ghosh, Abhijit Mondal As Chargesheet ‘Not Filed Within 90 Days’

ABP News  

A Sealdah court on Friday granted bail to former officer-in-charge of Tala police station, Abhijit Mondal, and Sandip Ghosh, the former principal of RG Kar hospital, in connection with the rape and murder of an on-duty doctor at the state-run medical facility. The Additional Chief Judicial Magistrate granted bail to Mondal and Ghosh after the chargesheet against them was not …

Husband, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR
3 weeks, 6 days ago

Husband, In-Laws 'Falsely Implicated' By Wife In View Of Matrimonial Dispute Between Parties: Madhya Pradesh HC Quashes Rape, Dowry FIR

Live Law  

While quashing a rape and dowry FIR against a husband and his kin, the Indore Bench of the Madhya Pradesh High Court said that the petitioner and his family members were "falsely implicated", adding that the lodging of the FIR at the wife's instance appeared to be an act of "wreaking vengeance". The court said this after noting that there …

'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 …

K’taka HC denies anticipatory bail to Revanna in rape case
1 month, 2 weeks ago

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

Hindustan Times  

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

SC grants anticipatory bail to actor Siddique in rape case, flags 8-year delay in filing FIR: Posted on Facebook, but..
1 month, 3 weeks ago

SC grants anticipatory bail to actor Siddique in rape case, flags 8-year delay in filing FIR: Posted on Facebook, but..

Live Mint  

The Supreme Court has granted anticipatory bail to veteran Malayalam actor Siddique in connection with an alleged rape case dating back to 2016. A bench comprising Justice Bela Trivedi and Satish Chandra Sharma made the interim anticipatory bail, granted on September 30, absolute. Justice Trivedi pointedly questioned the complainant's actions, stating: “You had the courage to post the complaint on …

Supreme Court grants anticipatory bail to Malayalam actor Siddique in rape case
1 month, 3 weeks ago

Supreme Court grants anticipatory bail to Malayalam actor Siddique in rape case

Hindustan Times  

Siddique's anticipatory bail: The Supreme Court on Tuesday granted anticipatory bail to Malayalam actor Siddique in a case of alleged sexual assault registered against him in a 2016 incident by an actress. The Supreme Court noted that the complaint in the case was filed in August, eight years after the alleged incident took place in 2016. In its status report, …

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs
1 month, 4 weeks ago

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

Live Law  

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case. More so, when the informant was examined by doctors at Banka and Bhagalpur hospital withholding the medico legal examination's report raises adverse presumption against the proseuction case. Even suggestion …

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, …

'Injury Bound To Occur If Victim Of Tender Age Is Subjected To Rape': Allahabad HC Acquits Accused In 2001 Rape Case
4 months, 2 weeks ago

'Injury Bound To Occur If Victim Of Tender Age Is Subjected To Rape': Allahabad HC Acquits Accused In 2001 Rape Case

Live Law  

On Wednesday, the Allahabad High Court acquitted an accused who was sentenced to life imprisonment by a trial court for allegedly raping a 6-year-old girl in 2001 as it noted that the medical evidence did not show any injury caused to the victim girl. A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary noted that at the …

Chandigarh: Court allows bail to HC Bar body chief in assault case
5 months ago

Chandigarh: Court allows bail to HC Bar body chief in assault case

Hindustan Times  

The court of additional sessions judge on Thursday allowed the regular bail application of Vikas Malik, president of the Punjab and Haryana High Court Bar Association, who was arrested in an assault case last month. While Chandigarh Police had opposed the bail plea, the defence counsel argued in court for two hours to present their side of the story and …

Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court
5 months, 1 week ago

Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court

Live Law  

The Rajasthan High Court has made it clear that a minor rape victim's refusal to undergo medical examination alone cannot be the basis to disbelieve the allegations levelled by her. In that view of the matter, if victim had refused to undergo medical examination, her above statement cannot be negated on this basis alone and it cannot be said that …

MP HC junks rape case filed by woman after 10-year-long relationship with man
6 months ago

MP HC junks rape case filed by woman after 10-year-long relationship with man

The Hindu  

The Madhya Pradesh High Court has quashed a rape case registered on the complaint of a woman against a man, observing that the two were in a relationship for over 10 years out of their “own free will”. However, it does not mean that a rape case could be registered against the petitioner, the court said. “In my opinion, as …

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 …

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC
7 months, 1 week ago

Co-Accused Can't Claim Parity As Matter Of Right Just Because Other Accused Has Illegally Obtained Bail By Concealing Material Fact: Rajasthan HC

Live Law  

Finding that the accused had suppressed the material facts & evidence against her and has committed an act of misrepresentation for getting the order of bail, when the 'evidence of last seen' was there against her along with other co-accused persons, the Rajasthan High Court held that the accused has deliberately attempted to pollute the stream of justice and has …

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape
7 months, 1 week ago

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused. Spotlighting the distinction between elaboration and improvisation with respect to …

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 …

Unnao Rape Case: Delhi High Court Grants Bail To Ex-UP Police Officers Convicted For Custodial Death Of Survivor’s Father
1 year, 3 months ago

Unnao Rape Case: Delhi High Court Grants Bail To Ex-UP Police Officers Convicted For Custodial Death Of Survivor’s Father

Live Law  

The Delhi High Court on Friday granted bail to two former-Uttar Pradesh Police officers who were convicted in the case involving the custodial death of the Unnao rape survivor’s father. Ashok Singh Bhadauria and Kamta Prasad Singh were convicted by the Trial Court on 04.03.2020, along with co-accused Kuldeep Singh Sengar and 3 others, for several offences including criminal conspiracy …

Courts Can’t Be Used As "Matrimonial Facilitators" For Pressurizing Rape Accused To Get Married To Victim Or To Obtain Bail: Delhi High Court
1 year, 4 months ago

Courts Can’t Be Used As "Matrimonial Facilitators" For Pressurizing Rape Accused To Get Married To Victim Or To Obtain Bail: Delhi High Court

Live Law  

The Delhi High Court has observed that courts cannot be used as “matrimonial facilitators” for pressurizing the accused to get married to the victim or be denied bail in sexual assault cases. “The Courts of law cannot be used as a forum for the purpose of facilitating marriages and be used as marriage facilitators by first lodging an FIR alleging …

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 …

Sarath Chandra bailed due to poor health, not on case merit: Delhi HC
1 year, 8 months ago

Sarath Chandra bailed due to poor health, not on case merit: Delhi HC

Deccan Chronicle  

Hyderabad: The Delhi High Court stated that P. Sarath Chandra Reddy, prime accused in the Delhi liquor policy scam case, was granted bail only due to poor health and not on the merits of the case, an analysis of the judgment copy revealed. In the hearing on Monday, counsel for the accused requested bail on health grounds, citing severe back …

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court
1 year, 8 months ago

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail. Observing that though, at this stage, the Court will not minutely …

Bombay High Court Directs Police To Not Disclose Identity Of Rape Victims In Chargesheets, Says Photos Be Filed Only In Sealed Cover
1 year, 10 months ago

Bombay High Court Directs Police To Not Disclose Identity Of Rape Victims In Chargesheets, Says Photos Be Filed Only In Sealed Cover

Live Law  

The Aurangabad bench of Bombay High Court has directed the investigation agencies and trial courts to ensure that the identity of a rape victim is not disclosed even in the charge sheet.A division bench of Justice Vibha Kankanwadi and Justice Abhay S. Waghwase noted that the principal seat at Bombay has directed that photos showing the victim should be filed …

HC Asks MP Counsel to Ascertain Whether Woman was Consenting or Not in ‘Rape’ Video Shot by Her
1 year, 10 months ago

HC Asks MP Counsel to Ascertain Whether Woman was Consenting or Not in ‘Rape’ Video Shot by Her

News 18  

The Madhya Pradesh High Court at Gwalior Bench has recently ordered the state counsel to ascertain whether the woman was consenting or reluctant in the video shot by herself pertaining to a rape case. Taking note of this fact, the court asked the counsel for the state to call for the Investigation Officer with the pen drive containing the said …

Reasonable grounds for bail in drug cases are subjective: Punjab and Haryana HC
1 year, 11 months ago

Reasonable grounds for bail in drug cases are subjective: Punjab and Haryana HC

Hindustan Times  

In an important judgment, the Punjab and Haryana high court has said that the courts have to grant or deny bail to an accused in drugs seizure cases on the basis of its “subjective satisfaction” based on an “objective assessment” of the material brought before it by the prosecution. The bench further recorded that the “reasonable grounds” as envisaged in …

[Unlawful Assembly] Individual Role Of Each Accused Cannot Be Considered While Deciding Bail Application: Karnataka High Court
1 year, 11 months ago

[Unlawful Assembly] Individual Role Of Each Accused Cannot Be Considered While Deciding Bail Application: Karnataka High Court

Live Law  

The Karnataka High Court has observed that individual role of accused cannot be considered while deciding on bail application filed by a murder accused who was part of an unlawful assembly and who allegedly committed the offence in pursuance of a common object. In the case on hand, it has to be noted that CW19 eye-witness when he tried to …

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry
2 years ago

'Serious Offence': Allahabad HC Denies Bail To Man Accused Of Raping Physically Challenged Woman On False Promise To Marry

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a physically challenged woman on the pretext of marriage and thereafter, refusing to marry her. It may be noted the accused-Pintu Kumar has been accused of luring the victim, a physically challenged lady having no legs, to have sex with him by extending a false promise to …

'Trial At Fag End, Certain Answers Elicited': Karnataka HC Refuses Bail To Rape Accused On Ground That Complainant & Victim Turned Hostile
2 years, 1 month ago

'Trial At Fag End, Certain Answers Elicited': Karnataka HC Refuses Bail To Rape Accused On Ground That Complainant & Victim Turned Hostile

Live Law  

The Karnataka High Court has denied relief to a rape accused who sought bail on the ground that the trial against him is at the fag end and material witnesses including the victim and complainant have turned hostile. A single judge bench of Justice Mohammad Nawaz while dismissing the petition filed by one Suresh Dambal said, "When the trial is …

Rape Accused Has No Right To Demand In-Camera Hearing : Supreme Court Dismisses Tarun Tejpal's Plea
2 years, 1 month ago

Rape Accused Has No Right To Demand In-Camera Hearing : Supreme Court Dismisses Tarun Tejpal's Plea

Live Law  

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha on Monday, dismissed Journalist Tarun Tejpal's plea for in-camera hearing in rape case appeal.Tejpal, co-founder and former Editor-in-Chief of Tehelka Magazine was accused of forcing himself on his junior colleague inside an elevator of the Grand Hyatt, Bambolim, Goa on November 7 and 8, 2013, during. Supreme Court …

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 …

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

‘Kind enough to leave girl alive’: MP HC reduces rape convict’s life sentence
2 years, 2 months ago

‘Kind enough to leave girl alive’: MP HC reduces rape convict’s life sentence

Hindustan Times  

The Indore bench of the Madhya Pradesh high court has reduced the life sentence of a rape convict to 20 years’ rigorous imprisonment, saying that he was “kind enough to leave the girl alive”. The convict’s lawyer has argued that he has been falsely implicated as barring eyewitnesses there is no cogent evidence available on record to connect him with …

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

Bombay HC grants bail to rape accused on assurance that he will marry the woman once she is traced
2 years, 2 months ago

Bombay HC grants bail to rape accused on assurance that he will marry the woman once she is traced

India Today  

The Bombay High Court has granted bail to a 26-year-old rape accused on the condition that he will marry the victim who used to be his neighbour, within a year, if she is found. READ | Bombay High Court reduces sentence of man accused of raping mentally retarded woman The woman is said to have left her residence in order …

Custodial Interrogation Is Not Imperative Merely Because Offence Is Murder : Bombay High Court Grants Anticipatory Bail To Accused
2 years, 3 months ago

Custodial Interrogation Is Not Imperative Merely Because Offence Is Murder : Bombay High Court Grants Anticipatory Bail To Accused

Live Law  

The custodial interrogation of an accused is not mandatory merely because he's been booked in a murder case, the Bombay High Court held while granting anticipatory bail to a man booked under Section 302 of the Indian Penal Code. A bench of Justice Bharati Dangre observed that the man's legitimate apprehension of arrested was enough to seek pre-arrest bail adding …

Custodial interrogation not mandatory in murder cases: Bombay High Court
2 years, 3 months ago

Custodial interrogation not mandatory in murder cases: Bombay High Court

India Today  

The Bombay High Court, while granting anticipatory bail to a man, said that only because the case is of murder does not mean that an accused must be interrogated under police custody. Justice Bharti Dange said, “Merely because the offence involved is under section 302 of Indian Penal Code, it is not imperative for his custodial interrogation and an apprehension …

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, 4 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 …

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 …

DNA test in rape case not conclusive evidence: Bombay High Court
2 years, 5 months ago

DNA test in rape case not conclusive evidence: Bombay High Court

India Today  

The Bombay High Court has held that a DNA test cannot be said to be conclusive evidence in a case of rape and can only be used as corroborative evidence. Justice Bharti Dangre, while rejecting the bail plea of the accused, said: "The DNA test excludes the man as the father of the child, but that does not discredit the …

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, 5 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 …

False Rape Case: Madhya Pradesh High Court Says Prosecutrix Must Be Asked To Refund Compensation Paid By State
2 years, 7 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- …

Veracity Of Allegations To Be Evaluated By Trial Court: Punjab & Haryana High Court Grants Bail To Man Accused Of Poisoning Partner
2 years, 7 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. …

Marshalling Of Prosecution Witnesses Not Permitted At Stage Of Bail: Madhya Pradesh High Court
2 years, 8 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, 8 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 …

Madhya Pradesh High Court Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife
2 years, 8 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, 8 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 …

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings
2 years, 9 months ago

S.311 CrPC: Madhya Pradesh High Court Directs Trial Court To Recall Prosecutrix In Rape Case After She Changes Stance In Bail Proceedings

Live Law  

The Madhya Pradesh High Court recently allowed an application to recall Prosecutrix in a rape case for re-examination, corollary to 'material development' in the matter. Justice Sanjay Dwivedi was essentially dealing with an application under Section 482 CrPC moved by the Applicant who was aggrieved by the order of the lower court, whereby his application under Section 311 CrPC to …

MP High Court Refuses To Quash Charges Framed Against Advocate U/S 19&21 POCSO Act For 'Ill-Advising' Rape Accused To Conceal Crime
2 years, 9 months ago

MP High Court Refuses To Quash Charges Framed Against Advocate U/S 19&21 POCSO Act For 'Ill-Advising' Rape Accused To Conceal Crime

Live Law  

The Madhya Pradesh High Court recently refused to interfere with the charge framed against an Advocate under the POCSO Act for 'ill-advising' the accused and Prosecutrix in a rape case, suggesting them 'not to disclose true facts to the police'. Justice Sanjay Dwivedi was dealing with a criminal revision preferred by the Applicant aggrieved by order of the trial court, …

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