False Rape Case; Accused has a right to be protected against false implication; Delhi HC
9 years, 9 months ago

False Rape Case; Accused has a right to be protected against false implication; Delhi HC

Live Law  

Delhi High Court on an appeal against conviction for rape, acquitted five men who were sentence to imprisonment for life under Section 376 of IPC, finding that they were falsely implicated. Speaking on the plight of such rape accused facing trial for false charges, the court said "There is no doubt that rape causes great distress and humiliation to the. Speaking on the plight of such rape accused facing trial for false charges, the court said "There is no doubt that rape causes great distress and humiliation to the victim of rape but at the same time false allegation of committing a rape also causes humiliation and damage to the accused. Her version has no correlation with other supporting material being medical, scientific and expert evidence.”The court relied on the Supreme Court Judgement in Raju v. State of Madhya Pradesh, where court held that “testimony of the victim of a rape cannot be presumed to be a gospel truth and observed that false allegations of rape can cause equal distress, humiliation and damage to the accused as well” The High court maintains the view that it is a settled principle of law that conviction can be based on the sole testimony of the victim of sexual assault without corroboration from any other evidence.

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History of this topic

Woman making false allegations of sexual assault against man is possible, says HC
1 week, 2 days 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 …

Rape cases involving false marriage promises need clear evidence: Delhi HC
3 weeks, 1 day 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’
3 weeks, 3 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
3 weeks, 3 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
3 weeks, 4 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 …

Delhi court acquits Army official accused of rape on pretext of marriage
3 weeks, 6 days ago

Delhi court acquits Army official accused of rape on pretext of marriage

Hindustan Times  

Delhi's Karkardooma Court has acquitted an army official accused of raping a woman under the pretext of marriage. The court ruled that the prosecution failed to provide evidence beyond reasonable doubt, and the woman's testimony was not trustworthy. Additional Sessions Judge Gajendra Singh Nagar acquitted the accused and said, "This court is of the opinion that the prosecution has failed …

‘Married woman can’t claim false promise of marriage to allege rape’
1 month ago

‘Married woman can’t claim false promise of marriage to allege rape’

Hindustan Times  

The Jabalpur bench of the Madhya Pradesh high court has quashed an FIR accusing a 24-year-old man of rape, saying that the complainant cannot claim her consent for a physical relationship was taken on the pretext of marriage if she was already married to another man. ‘Married woman can’t claim false promise of marriage to allege rape’ The accused, who …

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 …

Court duty officer exposes irregularities in rape case trial
1 month, 3 weeks ago

Court duty officer exposes irregularities in rape case trial

Deccan Chronicle  

Hyderabad: Timely action and investigation by a court duty officer exposed irregularities in producing evidence by a public prosecutor and the assistant public prosecutor that led to the acquittal of an accused in a 2016 rape case. Taking note of this, Cyberabad commissioner Avinash Mohanty submitted a detailed report to the department of prosecution to look into the matter and …

Court asks sensitisation to optimise biological evidence collection in digital rape cases
Trending News
2 months ago

Court asks sensitisation to optimise biological evidence collection in digital rape cases

Hindustan Times  

New Delhi, A Delhi court while convicting a man for raping a minor has requested the Centre to sensitise police officials to optimise biological evidence collection to include specimens such as nail clippings and finger swabs in cases of digital rapes. Court asks sensitisation to optimise biological evidence collection in digital rape cases Biological evidence, used for DNA analysis, can …

Delhi court acquits man in 2021 rape case
2 months, 1 week ago

Delhi court acquits man in 2021 rape case

Hindustan Times  

New Delhi, : A Delhi court has acquitted a man accused of raping his sister-in-law, saying her testimony was not of "sterling quality". Delhi court acquits man in 2021 rape case Further, additional sessions judge Anuj Agrawal acquitted her husband of cruelty charges pointing out inconsistencies in her statement. In its verdict on January 4, the court said the prosecution’s …

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 …

Tamil Nadu: Don’t speculate on rape investigations
2 months, 3 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 …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 1 week ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

Delhi court acquits tutor in minor student's rape case: Consensual relationship
3 months, 2 weeks ago

Delhi court acquits tutor in minor student's rape case: Consensual relationship

India Today  

A Delhi court has acquitted a man in an alleged case of rape of his minor pupil in 2019 and observed the complainant was in a consensual relationship with him. "Moreover, the explanation given by the survivor for not disclosing such facts of sexual abuse to her family members or police is not plausible," the court said, "after the alleged …

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

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC
4 months, 1 week ago

Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC

Live Law  

The Karnataka High Court has said that there is no duty on the accused to prove a defence of consent in a matter of rape, and his exercise of his right to remain silent would be sufficient where the prosecution itself is unable to prove its case. The court said that as the right of the accused to remain silent …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
4 months, 2 weeks ago

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

Live Law  

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

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, 2 weeks 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 says it will consider listing pleas challenging marital rape exception soon
6 months, 1 week ago

SC says it will consider listing pleas challenging marital rape exception soon

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday said that pleas challenging the marital rape exception had not been taken due to a day-long hearing in another matter relating to customs appeals today. A batch of pleas were pending in the top court for hearing, including the of plea of AIDWA challenging the marital rape exception under the new criminal laws. …

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

Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court
7 months, 3 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, 3 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 …

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony
8 months, 1 week ago

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony

Hindustan Times  

New Delhi, Over nine years after a man was charged with rape, a court here has acquitted him, saying the testimonies of the alleged victim were not clear, cogent, credible or trustworthy, nor were her allegations corroborated by other material evidence. Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony Additional Sessions Judge …

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC
8 months, 3 weeks ago

Rape Can't be Settled on the Basis of Forgiveness Granted by Survivor: Meghalaya HC

News 18  

The Meghalaya High Court has ruled that a survivor’s forgiveness is not sufficient to quash a First Information Report in a rape case. Chullai referenced the Supreme Court’s 2012 ruling in Gian Singh vs. State of Punjab, emphasising that serious crimes such as rape cannot be dismissed based on forgiveness or mutual agreement. Regarding the forgiveness letter, the court noted …

Prosecution In Serious Offences Like Rape Cannot Be Withdrawn Based On Forgiveness Of Victim: Meghalaya High Court
8 months, 3 weeks ago

Prosecution In Serious Offences Like Rape Cannot Be Withdrawn Based On Forgiveness Of Victim: Meghalaya High Court

Live Law  

The Meghalaya High Court has held that the victim of rape expressing forgiveness towards the accused and wishing not to proceed further in the case is not a ground to quash the First Information Report against the accused. Justice B. Bhattacharjee further said it is for the Trial Court to decide whether there was a presence of consent based on …

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge
1 year ago

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge

Live Law  

The Delhi High Court has expressed concern over the conduct of a trial court judge here who “suggested and assisted” the accused and victim to settle a rape case during recording of prosecution evidence.Justice Swarana Kanta Sharma directed that the case be tried by another judge, to ensure that justice should not only be done but The Delhi High Court …

Delhi court initiates woman’s trial for perjury for levelling false rape charges
1 year ago

Delhi court initiates woman’s trial for perjury for levelling false rape charges

Hindustan Times  

Women misusing the law to level false rape allegations should be dealt with strictly, a Delhi court has said while initiating a trial against a woman for perjury. “.this court is of the considered opinion that it is in the interest of justice that cognizance of the offence of giving false evidence is taken.,” said additional sessions judge Jagmohan Singh …

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court
1 year ago

Women Who Misuse Law To Level False Rape Allegations Must Be Dealt With Strictly: Delhi Court

Live Law  

A Delhi Court has observed that women who misuse the law to falsely implicate any individual of rape should be dealt with strictly. Additional Sessions Judge Jagmohan Singh of Rohini Courts made the observation while acquitting three men in a gang rape and kidnapping case, observing that the prosecutrix's conduct was highly unnatural and belied her story. “In the considered …

Sextortion cases: Punjab and Haryana HC for criminal proceedings against those filing false cases
1 year ago

Sextortion cases: Punjab and Haryana HC for criminal proceedings against those filing false cases

Hindustan Times  

The Punjab and Haryana high court has recommended a slew of measures for dealing with sextortion cases and asked the police of Punjab, Haryana and Chandigarh to consider criminal prosecution against those filing false complaints. While dealing with such a case, the high court bench of justice Anoop Chitkara observed that this cannot be allowed to go on as it …

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
1 year, 1 month ago

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court

Live Law  

To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court. "If it is established that from the inception, the consent by the victim is a result of a false promise to …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
1 year, 2 months ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

Can women be accused of rape? Supreme Court to examine
1 year, 3 months ago

Can women be accused of rape? Supreme Court to examine

India Today  

The Supreme Court on Friday agreed to examine whether women can be accused of rape under Section 375 of the Indian Penal Code. Currently, the law in question begins with “A man is said to commit ‘rape’â€æ” and subsequently outlines various conditions under which a man can be accused of rape by a woman. While hearing a plea by a …

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case
1 year, 4 months ago

'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case

Live Law  

A false allegation of rape can cause equal distress, humiliation, and damage to the accused as well, said the Supreme Court while acquitting a man in a case for the offence of rape. While a conviction in a rape case can be based solely on the testimony of the prosecutrix, the Court said that caution and diligence must be exercised …

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, 6 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 …

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal
1 year, 7 months ago

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

Live Law  

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

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 7 months ago

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

Live Law  

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the …

Delhi Court Acquits Former JNU Student of Rape Charges
1 year, 7 months ago

Delhi Court Acquits Former JNU Student of Rape Charges

News 18  

A Delhi court has acquitted a former JNU student accused of raping a fellow student in 2016, giving him the benefit of the doubt. Noting the backdrop of the alleged incident that it occurred in the hostel room after midnight and continued till 2.30 am while the student union elections were scheduled the next month and all parties were about …

Discrepancies In Witness Statements Can Be Fatal To Prosecution In Politically Charged Situations: Kerala High Court
1 year, 8 months ago

Discrepancies In Witness Statements Can Be Fatal To Prosecution In Politically Charged Situations: Kerala High Court

Live Law  

The Kerala High Court recently observed that glaring discrepancies in the witness statements become significant in politically charged situations and that they cast doubt on the credibility of the prosecution case. They claimed the prosecution case was influenced by political rivalry, and highlighted significant discrepancies and embellishments in the witnesses' accounts to support their arguments. In this case, the doubts …

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man
1 year, 8 months ago

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man

Live Law  

The Gujarat High Court recently quashed a rape case against a man, observing that the case is of consensual sex. The court said that the complainant was well aware of the pros and cons of the relationship and that no false promise of marriage was given at the early stage. It is not the case that, but for the false …

Delhi court orders FIR against woman, her father in false rape case charges
1 year, 10 months ago

Delhi court orders FIR against woman, her father in false rape case charges

Hindustan Times  

A Delhi court has ordered filing of a first information report against a woman and her father for filing false charges of gangrape, cruelty and wrongful confinement against her husband and his family members. “Rape is a heinous crime which is required to be dealt strictly but simultaneously false allegations qua rape are also required to be dealt firmly since …

'It will open floodgates...': Delhi HC refuses to transfer rape case from male to female judge
1 year, 11 months ago

'It will open floodgates...': Delhi HC refuses to transfer rape case from male to female judge

India TV News  

The Delhi High Court denied transfer of a rape case from a male to female judge, saying it will open floodgates where all such cases would be required to be shifted to special courts dealing with POCSO matters or presided over by a woman judicial officer. The high court, however, said, “Be that as it may, mere apprehension of the …

Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court
2 years ago

Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court

Live Law  

The Delhi High Court on Monday said that while the complainants in sexual assault cases are entitled to fair trial, the responsibility of criminal justice system towards protecting the rights of the accused persons cannot be ignored. Justice Swarana Kanta Sharma said that in cases of rape and sexual violence, “conceptualization of definition of sexual consent” is of utmost importance …

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case
2 years, 2 months ago

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

Live Law  

The Allahabad High Court recently acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony of …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 4 months 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 …

Benefit of doubt, lapses in trial & more: Why SC acquitted 3 men sentenced to death in 2012 Chhawla rape case?
2 years, 4 months ago

Benefit of doubt, lapses in trial & more: Why SC acquitted 3 men sentenced to death in 2012 Chhawla rape case?

India Today  

The Supreme Court on Monday acquitted three men facing the death penalty for the gang rape and murder of a 19-year-old woman in Delhi's Chhawla area in 2012. A bench, comprising Chief Justice of India UU Lalit and Justices Ravindra Bhat and Bela Trivedi, set aside the order of conviction passed by the trial court and Delhi High Court and …

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer
2 years, 4 months ago

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer

Live Law  

Quashing a rape case against a lawyer, the Kerala High Court on Thursday said there is no specific allegation in the prosecutrix's statement that he had given a false promise to marry her based on which she had been induced into a sexual relationship. "There is absolutely no specific allegation in the FI statement that the petitioner had given a …

An Indian Women Traditionally Will Not Concoct An Untruthful Story Of Rape For Purpose Of Blackmail Or Revenge : Manipur High Court
2 years, 4 months ago

An Indian Women Traditionally Will Not Concoct An Untruthful Story Of Rape For Purpose Of Blackmail Or Revenge : Manipur High Court

Live Law  

"An Indian woman traditionally will not concoct an untruthful story and bring charges of rape for the purpose of blackmail, hatred, spite or revenge", remarked the Manipur High Court while dismissing anticipatory bail applications filed by rape accused.Justice M V Muralidaran observed that he stigma that attaches to the victim of rape in Indian society ordinarily rules out the levelling …

Complainant 'Highly Qualified', Shared 'Intense Relationship' With Accused: Kerala Court Grants Pre-Arrest Bail To Congress MLA In Rape Case
2 years, 5 months ago

Complainant 'Highly Qualified', Shared 'Intense Relationship' With Accused: Kerala Court Grants Pre-Arrest Bail To Congress MLA In Rape Case

Live Law  

The Additional Sessions Court at Thiruvananthapuram in Kerala, has granted anticipatory bail to the Congress MLA Eldhose Kunnappilly in a case accusing him of rape and attempt to murder.ASJ Prasun Mohan in the order said the victim or rape survivor in her first complaint dated September 28 never "asserted" that the accused raped her "on any dates before the date …

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