No One Would Level False Rape Allegations In Conservative, Non-Permissive Society Like India: Kerala High Court
2 years, 6 months ago

No One Would Level False Rape Allegations In Conservative, Non-Permissive Society Like India: Kerala High Court

Live Law  

While reiterating the settled law on conviction based on sole testimony of prosecutrix in a rape case, the Kerala High Court on Thursday observed,"In the conservative, tradition bound, non-permissive society like that of ours, none would make a false accusation of rape; braving ostracism, loss of face, social stigma and shame. While reiterating the settled law on conviction based on sole testimony of prosecutrix in a rape case, the Kerala High Court on Thursday observed, "In the conservative, tradition bound, non-permissive society like that of ours, none would make a false accusation of rape; braving ostracism, loss of face, social stigma and shame." To the contrary, the Indian Supreme Court in Bharwada Bhoginbhai Hirjibhai v. State of Gujarat, had remarked that in the Indian setting, refusal to act on the testimony of a sexual assault victim in the absence of corroboration as a rule would add "insult" to her injuries. It added that in India, "testimony of a victim in a rape case, is not akin to that of an accomplice and carries more weight, identical to that of an injured victim.if the court finds it difficult to place implicit reliance on her testimony, evidence which may lend assurance to her testimony may be relied upon."

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History of this topic

Woman making false allegations of sexual assault against man is possible, says HC
3 days, 20 hours ago

Woman making false allegations of sexual assault against man is possible, says HC

The Hindu  

The Kerala High Court has observed that the concept that any girl or woman would not make a false allegation of sexual assault or any other mode of misconduct against a man seems to have been diluted recently. The court observed that allegations of rape, sexual molestation, and other misconduct are levelled nowadays without an iota of truth so as …

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
1 week, 5 days ago

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court

Live Law  

The Supreme Court has reiterated that adverse inference can be drawn against a woman, who is alleged to be a victim in a rape case, if she refuses medical examination. "It is a well-settled proposition of law that non- allowance of medical examination by an alleged rape- victim raises negative inferences against them," the Court observed, referring to Dola v. …

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court
1 week, 5 days ago

Refusal Of Alleged Rape Victim To Allow Medical Examination Raises Negative Inference Against Her : Supreme Court

Live Law  

The Supreme Court has reiterated that adverse inference can be drawn against a woman, who is alleged to be a victim in a rape case, if she refuses medical examination. "It is a well-settled proposition of law that non- allowance of medical examination by an alleged rape- victim raises negative inferences against them," the Court observed, referring to Dola v. …

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

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

Live Law  

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

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter
2 weeks, 1 day ago

Complaint By Men Against Women Not Gospel Truth: Kerala HC Grants Bail To Mother Accused Of Sexually Abusing Breast-Feeding Daughter

Live Law  

The Kerala High Court recently allowed the bail application of a woman who was accused by her husband of committing aggravated sexual assault on their one-and-half-year old daughter. “In the order dated 24.02.2025, in B.A No.2241 of 2025, this Court observed that, there cannot be any unilateral investigation based on the complaint of a lady, treating it as gospel truth. …

Kerala HC warns against ‘blindly’ trusting complaints made by men against women: What’s the case?
2 weeks, 1 day ago

Kerala HC warns against ‘blindly’ trusting complaints made by men against women: What’s the case?

Live Mint  

The Kerala High Court recently granted bail to a woman accused by her estranged husband of sexually assaulting their 1.5-year-old child. While allowing the bail plea, Justice PV Kunhikrishnan emphasised that complaints by men should not be presumed true without thorough investigation, just as unilateral complaints by women should not be blindly accepted. The Kerala High Court expressed concern over …

Rape cases involving false marriage promises need clear evidence: Delhi HC
2 weeks, 2 days ago

Rape cases involving false marriage promises need clear evidence: Delhi HC

Hindustan Times  

The Delhi high court has acquitted a man in a rape case, ruling that a long-term consensual sexual relationship does not automatically imply the woman’s consent was solely based on a promise of marriage. A bench of justice Jasmeet Singh emphasised that a conviction for rape under the false pretence of marriage requires strong evidence proving the relationship was established …

Not everything woman says a ‘gospel truth’: Kerala HC flags ’tendency to implicate innocent people in criminal cases’
2 weeks, 4 days ago

Not everything woman says a ‘gospel truth’: Kerala HC flags ’tendency to implicate innocent people in criminal cases’

Live Mint  

The Kerala High Court granted anticipatory bail to a man accused of sexual harassment, observing that there is no presumption that everything a woman says in her complainant is "gospel truth" as nowadays there is a tendency to implicate innocent men in criminal cases, including sexual assault. Merely because the de facto complainant is a lady, there is no presumption …

Kerala High Court warns police: Don’t blindly believe sexual assault complaints
2 weeks, 5 days ago

Kerala High Court warns police: Don’t blindly believe sexual assault complaints

Op India  

On 24th February, the Kerala High Court cautioned the police against conducting unilateral investigations in sexual assault cases solely based on the complaint of a woman. The court, presided over by Justice PV Kunhikrishnan, was hearing the bail matter in Noushad K vs State of Kerala case, and Justice Kunhikrishnan observed that the police must investigate the claims made by …

Police Can Fearlessly Take Action Against Women Implicating Innocent Men In False Sexual Assault Cases: Kerala High Court
2 weeks, 5 days ago

Police Can Fearlessly Take Action Against Women Implicating Innocent Men In False Sexual Assault Cases: Kerala High Court

Live Law  

The Kerala High Court while granting bail to a man accused of committing sexual harassment remarked that nowadays, there is a tendency to make serious allegations of sexual assault against innocent people. The Court said that if during investigation, the police finds that the lady complainant has made false allegation of sexual assault against a man, they can take action …

Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court
2 weeks, 6 days ago

Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the offence of 'rape on the false promise of marriage' would not stand when the complainant lady was already married and continuing in that marriage at the time. It is true that offering marriage and subjected a lady to sexual intercourse on that promise of marriage would amount to obtaining consent by misconception …

Vaginal entry of penis not needed for rape under Pocso: Kerala High Court
3 weeks, 2 days ago

Vaginal entry of penis not needed for rape under Pocso: Kerala High Court

India Today  

The Kerala High Court recently ruled that the entry of a penis into the vagina is not essential to constitute penetrative sexual assault under the Protection of Children from Sexual Offences Act. "In other words, penetration of the male genital organ within the labia majora or the vulva, with or without any emission of semen or even an attempt at …

Kerala, India: Teenager alleges rape over five years by 60 schoolmates, neighbors, relatives, strangers
3 weeks, 5 days ago

Kerala, India: Teenager alleges rape over five years by 60 schoolmates, neighbors, relatives, strangers

CNN  

Editor’s Note: This article contains details that readers may find distressing. “When it’s Dalit women, in general the outrage is less across the country,” said Cynthia Stephen, a Dalit rights activist and social policy researcher. There were 4,241 reported cases of rape against women from oppressed castes in India, including Dalit women, in 2022, the most recent year for which …

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim
Trending News
1 month ago

Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim

Live Law  

The Kerala High Court released a POCSO accused on bail considering that his prolonged custody was causing trauma to the victim. The grandmother of the victim filed an affidavit before the Court saying that her granddaughter gave the statement based on a misunderstanding and minor girl was not interested in the company of the accused. The Court asked Advocate Parvathy …

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court
1 month, 2 weeks ago

Can't expect rape survivor to travel alone at night to file FIR: Bombay High Court

India Today  

The Nagpur Bench of the Bombay High Court recently upheld the conviction and 10-year sentence imposed by the Amravati Sessions Court on labourer Balya alias Rahul Lokhande for raping a 35-year-old woman who lived alone. Lokhande had appealed his conviction, but the High Court ruled that the victim’s testimony was “cogent, concrete, and reliable.” According to the prosecution, the incident …

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court
1 month, 2 weeks ago

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court

Live Law  

Denying bail to a man accused of raping a minor girl, the Allahabad High Court has recently observed that in our country, a minor girl, who is a victim of sexual aggression, would rather suffer silently than implicate somebody falsely. A bench of Justice Sanjay Kumar Singh said that the Court must keep in mind while appreciating the evidence of …

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court
1 month, 2 weeks ago

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

Live Law  

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. The trial court …

Kerala High Court Flags Exponential Rise In Cases Of Outraging Woman's Modesty, Says It Includes Her 'Moral And Psychological' Modesty
1 month, 2 weeks ago

Kerala High Court Flags Exponential Rise In Cases Of Outraging Woman's Modesty, Says It Includes Her 'Moral And Psychological' Modesty

Live Law  

The Kerala High Court in a recent judgment expressed concern over the exponential rise in cases relating to outraging a woman's modesty. However, offences against women continue to be a major problem in India and efforts are still needed to ensure that laws are effectively implemented.” The Court added that Indian Society places greater emphasis on modesty of women and …

Kerala man moves SC, claims he was wrongly convicted in gang rape case
1 month, 2 weeks ago

Kerala man moves SC, claims he was wrongly convicted in gang rape case

New Indian Express  

NEW DELHI: A man convicted of gang rape, sexual assault and robbery filed an appeal to the Supreme Court claiming that he was "wrongly convicted" in the case. She initially claimed only one man had committed rape on her, whereas she later revised her statement to implicate all four accused including the Petitioner, Masthan, Nayak described. "Additionally, blood samples collected …

Man gets 78-year RI for sexually assaulting girl
Trending News
1 month, 2 weeks ago

Man gets 78-year RI for sexually assaulting girl

The Hindu  

The Thiruvananthapuram Additional District and Sessions Court, which deals with cases relating to atrocities and sexual violence against women and children, sentenced a 32-year-old man to 78 years of rigorous imprisonment for sexually abusing a minor girl. found the accused, a relative of the 11-year-old survivor, guilty of various offences under various provisions of the Protection of Children from Sexual …

Moral Views Of Judge Have No Role In Adjudication But Courts Must Consider Social Background In Which Offences Take Place: Delhi HC
1 month, 2 weeks ago

Moral Views Of Judge Have No Role In Adjudication But Courts Must Consider Social Background In Which Offences Take Place: Delhi HC

Live Law  

The Delhi High Court has observed that while moral views of a judge has no role to play in adjudication of cases but Courts must consider the social background in which the offences take place. “While the moral views of the judge or a particular segment of society should have no role in such adjudication, courts must consider the social …

Bombay High Court acquits a father convicted of raping his daughter by trial court
1 month, 3 weeks ago

Bombay High Court acquits a father convicted of raping his daughter by trial court

Op India  

The Nagpur bench of the Bombay High Court recently acquitted a middle-aged man who was convicted of raping his minor daughter by the trial court. The father looked after the alleged victim and her brother The Judge noted that the complaint was filed 7 years after his wife left the appellant. The judge also took notice of the fact that …

No Father Would Sexually Assault His Daughter And No Daughter Would Level Such Allegations Against Her Father But Mistakes Can Occur: Bombay HC
1 month, 3 weeks ago

No Father Would Sexually Assault His Daughter And No Daughter Would Level Such Allegations Against Her Father But Mistakes Can Occur: Bombay HC

Live Law  

While acquitting a 43-year-old man convicted for raping his own minor daughter, the Bombay High Court observed that in ordinary circumstances, a daughter will not level such allegation against her father and even the father will not rape his own daughter. In his December 5, 2024 judgment, which was made available on Wednesday, Justice Sanap observed, "It is true that …

Merely Because 16-Yr-Old Sexual Abuse Survivor Smokes Not Ground To Say He Is Of Deviant Character: Kerala HC Upholds Conviction U/S 377 IPC
1 month, 3 weeks ago

Merely Because 16-Yr-Old Sexual Abuse Survivor Smokes Not Ground To Say He Is Of Deviant Character: Kerala HC Upholds Conviction U/S 377 IPC

Live Law  

The Kerala High Court while dismissing the appeals of two men who were convicted and sentenced to three year imprisonment for committing an offence under Section 377 of IPC for sexually abusing a minor boy, observed that the victim's testimony cannot be termed as deviant or unreliable merely because he smoked. The allegation against the accused men was that they …

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC
2 months ago

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

Live Law  

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification. This Court is of the view that the applicant's act cannot be executed by a subsequent offer of marriage,” the single judge observed in its order denying …

Medical Evidence Of Hymen Being Intact By Itself Not Sufficient To Hold That There Was No Penetrative Sexual Assault Or Coitus: Kerala HC
2 months ago

Medical Evidence Of Hymen Being Intact By Itself Not Sufficient To Hold That There Was No Penetrative Sexual Assault Or Coitus: Kerala HC

Live Law  

The Kerala High Court has said that medical evidence showing that hymen is intact by itself would not prove that there was no penetrative sexual assault or coitus. Justice A. Badharudeen thus dismissed a criminal revision petition of the petitioner on finding that the prosecution has made out a prima facie case that he kidnapped the minor child with intent …

Kerala Model a grim scenario for women and children: 29000 children became victims of sexual harassment, rape increased by 62%
2 months ago

Kerala Model a grim scenario for women and children: 29000 children became victims of sexual harassment, rape increased by 62%

Op India  

Novel concerns have emerged regarding the safety of children in the state of Kerala which is usually lauded for its social development initiatives by the leftist liberals. Official statistics obtained reveal a stark reality stating that between 2016 and 2024, over 29,000 cases of child sexual abuse have been registered in Kerala. Additionally, cases registered under the Protection of Children …

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court
2 months ago

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court

Live Law  

The Kerala High Court recently held that criminal proceedings in cases involving serious allegations of sexual assault cannot be quashed, even at the instance of a victim. If the prosecution evidence would show, prima facie, materials to hold that the offences are made out, quashment on the ground of settlement moved by the accused or the defacto complainant could not …

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

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

Live Law  

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

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 1 week ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

Kerala Minor Sportsperson Rape Case: 64 Charged Six Arrests
2 months, 1 week ago

Kerala Minor Sportsperson Rape Case: 64 Charged Six Arrests

Op India  

On 10th January, Kerala police stated that they have filed four FIRs against 64 individuals, including classmates and coaches, for allegedly raping a minor sportsperson over two years. The girl, who turned 18 two months ago, was subjected to sexual assault multiple times over the course of two years in Pathanamthitta. Speaking to the media, the police said that in …

Kerala sportsperson raped over 2 years; over 60 allegedly involved, including coaches; 6 held: Report
2 months, 1 week ago

Kerala sportsperson raped over 2 years; over 60 allegedly involved, including coaches; 6 held: Report

Hindustan Times  

The police in Kerala on Friday said they have filed four FIRs and arrested six people for allegedly raping a girl multiple times over the course of two years in Pathanamthitta, a case in which over 60 people are suspected to be involved. The issue reportedly came to light during counselling conducted by the Child Welfare Committee The girl, who …

Kerala shocker: Girl alleges rape by over 60 people at different locations in 5 years, 15 arrested so far
2 months, 1 week ago

Kerala shocker: Girl alleges rape by over 60 people at different locations in 5 years, 15 arrested so far

India TV News  

In a heart-wrenching incident, a girl has alleged that she was raped multiple times at various locations when she was 16 years old. Earlier, the police said that five persons were arrested in connection with two FIRs filed by the police in Pathanamthitta, while another person was already in jail in connection with a separate case. Officials said police have …

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

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

Live Law  

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

Tamil Nadu: Don’t speculate on rape investigations
2 months, 2 weeks ago

Tamil Nadu: Don’t speculate on rape investigations

Deccan Chronicle  

In a statement on Saturday, the government said some news channels and social media platforms had claimed that the ‘victim girl has given statement before the SIT narrating about accused allegedly speaking to one SIR, that “SIT has allegedly seized electronic gadgets from accused which is claimed to have contained obscene contents of the victim girl” and that “one person …

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case
2 months, 3 weeks ago

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case

Live Law  

A special POCSO Court in Rajasthan's Bharatpur district last week acquitted suspended judicial officer Jitendra Singh Guliya and his two clerks in connection with a case lodged against them on the allegations of repeatedly sodomising, sexually assaulting a minor boy and also threatening his family members of implicating them in false cases. The Court also took into account the discrepancies …

Kerala High Court Weekly Round-Up: December 16 To December 22, 2024
2 months, 3 weeks ago

Kerala High Court Weekly Round-Up: December 16 To December 22, 2024

Live Law  

Nominal Index Dr. Thahiya Thasleem V S & Another v State of Kerala, 2024 LiveLaw 802 A. K. Sreekumar v The Director and Others, 2024 LiveLaw 803 Sebastian Paul v P. R. Ashokan and Others, 2024 LiveLaw 804 Vijith V. C. and Others v State of Kerala and Another Citation: 2024 LiveLaw 805 Davy Varghese v The Deputy Director, 2024 …

Kerala man sentenced to 141 years in jail for raping stepdaughter
3 months, 2 weeks ago

Kerala man sentenced to 141 years in jail for raping stepdaughter

Hindustan Times  

A Kerala court found a man guilty of regularly raping his little stepdaughter for several years while her mother was out from home, and he was sentenced to 141 years in jail overall. The defendant and the victim are Tamil Nadu locals, and the stepfather had been sexually abusing the daughter since 2017, a police official involved in the case …

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl
3 months, 3 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
3 months, 3 weeks ago

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

India Today  

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

There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court
3 months, 3 weeks ago

There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court

Live Law  

The Nagpur bench of the Bombay High Court recently while upholding the conviction of a man for committing rape on a minor girl, said usually neither the girl nor her family would indulge their daughter's name even for settling scores and that in such cases, there is a 'built-in' assurance that the victim is levelling 'genuine' charges.Single-judge Justice Govind Sanap …

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
4 months ago

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

Live Law  

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy. As a result, the Court held that …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
4 months ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

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

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

Live Law  

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

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates
4 months, 1 week ago

Benefit Of Doubt Can't Be Given To Accused Citing Absence Of Injuries On Rape Victim's Body: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab & Haryana High Court has upheld the conviction in rape case of a 6-year-old victim, observing that "even in the absence of injuries on the body of prosecutrix, the benefit of doubt cannot be granted to the accused. "Justice Anupinder Singh Grewal and Justice Kirti Singh observed that, "Crimes involving violence against women must be met with severe …

SC to decide on marital rape law despite Centre’s silence
6 months ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi high court’s split verdict from May 2022, which remains pending for the …

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
6 months, 1 week ago

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel

Live Law  

The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. The Counsel for the complainant said that in Section 23, the words “any person” which signifies that the provision is not just applicable to the media persons but any other person …

Legally Speaking | Rape, outrage, and the legal system: Tracing the evolution of India's rape laws
7 months ago

Legally Speaking | Rape, outrage, and the legal system: Tracing the evolution of India's rape laws

Hindustan Times  

The brutal rape and murder of a postgraduate trainee doctor at Kolkata’s RG Kar Medical College has once again highlighted issues surrounding violence against women, the role of the legal system, and societal attitudes. The history of rape laws in India reveals that public outrage following heinous crimes has often served as a catalyst for legal reforms. The term "rape" …

Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court
7 months, 2 weeks 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 …

Delhi court directs police to take action against woman for false rape complaint
7 months, 2 weeks ago

Delhi court directs police to take action against woman for false rape complaint

Hindustan Times  

New Delhi, A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores. Delhi court directs police to take action against woman for false rape complaint Additional Sessions Judge Shefali Barnala Tandon also …

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