9 months, 3 weeks 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 application in relation to offences under POCSO Act. Referring to Section 29 of the POCSO Act, the Single Bench of Justice Amit Mahajan observed that “Certain considerations that have to be kept in mind while deciding the application in relation to offences under POCSO Act are; the age of the minor victim vis-à-vis the age of the accused, the family relationship, if any, between the victim and the accused, whether the accused is a repeated offender, the chances of the accused threatening the victim after being enlarged on bail etc.” Facts of the case: An FIR was registered on a complaint given by the victim, aged about 17 years, alleging that the applicant who is the father of the victim, attempted to commit rape upon her. Observation of High Court: The Bench found that that the applicant and the mother of the victim have a long history of matrimonial discord. Thus, the Bench observed that the delay between the alleged incident and the filing of the complaint, and the fact that the mother of the victim and the applicant who also happens to father of the victim, are litigating against each other due to matrimonial acrimony cannot be ignored by the Court while deciding the application for bail.

Bail Victim Incident Applicant Accused Fir Complaint Bench Alleged Pocso Act Matrimonial Discord parents bail applicant hc alleged victim person application statement accused history raping bench grants long incident matrimonial complaint discord

History of this topic

3 weeks, 3 days ago

Bombay High Court grants bail to mother accused of sexually assaulting own child

India Today

The Bombay High Court has granted bail to a 28-year-old mother accused of severely abusing and sexually assaulting her five-year-old son, observing that no mother would beat her own child, as alleged in the case. He pointed out that the woman had taken the child to multiple hospitals for treatment, demonstrating that she had done everything possible to provide the …

1 month ago

Father-in-law, friend rape newly-wed woman in Bhiwandi

Hindustan Times

THANE: The Narpoli police in Bhiwandi have registered a case of rape after a 20-year-old newly-married woman claimed that she was raped by her 52-year-old father-in-law and his friend. The police said the accused sexually abused her after threatening to kill her parents and tortured her for 15 days before she managed to escape while the two were taking a …

1 month ago

Bombay High Court grants bail to man booked for raping minor girl

Op India

A 24-year-old man who was charged with raping a 14-year-old girl was granted bail by the Bombay High Court on 17th February. The court noted that the victim ‘voluntarily’ stayed with the accused for four days and had ‘sufficient knowledge’ and ‘capacity’ to understand the ‘full consequence of her acts’. Prima facie the statement appears to be suspect.” “The conduct …

1 month, 1 week ago

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

Live Law

The Bombay High Court on Thursday while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl. Single-judge Justice Milind Jadhav noted from the statements of …

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 …

1 month, 3 weeks ago

Sexual assault in family: Court seeks doctors' views on diabolical injuries of seven-year-old girl

The Hindu

A Delhi court has sought doctors' opinion on the injuries of a seven-year-old girl, saying that though she had retracted allegations of sexual and physical assault of 'diabolical manner' against her adoptive family members, her possible "tutoring" cannot be ruled out. The Judge summoned the doctors, who performed the MLC of the girl post her complaint in February, 2023, while …

Delhi court seeks medical opinion on injuries of minor allegedly abused by adoptive family

Trending News

1 month, 3 weeks ago

Delhi court seeks medical opinion on injuries of minor allegedly abused by adoptive family

Hindustan Times

A Delhi court has sought doctors' opinion on the injuries of a seven-year-old girl, saying that though she had retracted allegations of sexual and physical assault of 'diabolical manner' against her adoptive family members, her possible "tutoring" cannot be ruled out. A Delhi court has asked for medical opinions about the injuries sustained by a seven-year-old girl, stating that even …

1 month, 3 weeks ago

Minor’s sexual-assault case: Supreme Court refuses bail to wife of suspended Delhi govt officer Khakha

The Hindu

The Supreme Court on Friday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor several times and impregnated her. The Delhi High Court on September 6 had dismissed the bail application of Seema Rani Khakha, saying the case “strikes at the root of trust between two families” and the possibility …

2 months, 1 week ago

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'

Hindustan Times

New Delhi, A court here has granted anticipatory bail to a man accused of raping a divorced woman on the pretext of marriage, noting that the woman was not prompt in reporting the alleged offence and that the accused’s custodial interrogation was not required. Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time' Additional Sessions …

2 months, 2 weeks ago

Bombay High Court denies bail to man accused of raping minor granddaughter

India Today

The Bombay High Court has refused to grant bail to a watchman of a Mumbai housing society accused of sexually assaulting his step-granddaughter. Additional Public Prosecutor Mayur Sonavane opposed the bail plea while submitting that the nature of the offence is serious and the accused by virtue of being related to the victim through her grandmother may tamper with the …

2 months, 2 weeks ago

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

Live Law

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

2 months, 3 weeks ago

Delhi HC acquits Sahjan Ali convicted of raping 14-year-old girl, says physical relation does not mean intercourse

Op India

On 23rd December, Delhi High Court overturned the life imprisonment sentence of a man convicted of raping a 14-year-old girl under the Protection of Children from Sexual Offences Act and the Indian Penal Code. The court cited a lack of evidence against the petitioner in the case as merely mentioning ‘physical relation’ cannot be converted automatically into sexual intercourse let …

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 …

3 months ago

No Mother Would Help Her Son Commit Rape By Spiking Victim's Drink: Bombay High Court Quashes Case

Live Law

In a significant ruling, the Bombay High Court at Aurangabad, recently held that a mother will never help her son to rape a woman by herself spiking the victim's drink.A division bench of Justices Vibha Kankanwadi and Rohit Joshi quashed the First Information Report lodged against a man and his mother, both booked for raping a woman and impregnating her. …

3 months, 2 weeks ago

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males

Live Law

The Delhi High Court has recently quashed a rape FIR against a man citing misuse of Section 376 of Indian Penal Code, 1860, observing that it was a classic example of how an innocent person had faced undue hardships due to misuse of the penal provision.“It is true that the provision under which the FIR has been lodged is one …

3 months, 3 weeks ago

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

Live Law

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act, observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice. The Punjab and …

6 months, 1 week ago

Days after woman’s ‘abduction’, Jalandhar man arrested

Hindustan Times

The police have arrested a man for allegedly abducting a 20-year-old Jalandhar woman who was found lying unconscious in Delhi on September 4. Days after woman’s ‘abduction’, Jalandhar man arrested The arrested man, identified as Balwinder Singh, has been booked under Sections of 127 of the Bharatiya Nyaya Sanhita, but cops say they are being pressurised by the family and …

6 months, 3 weeks ago

Occultist rapes minor on pretext of curing sick father in Delhi

New Indian Express

NEW DELHI: A 12-year-old girl was allegedly sexually assaulted by a Tantrik in the city's Kanjhawala area on the pretext of curing her sick father, an official said on Wednesday. Sharing details, DCP Guriqbal Singh Sidhu said a PCR call regarding molestation of a girl child aged about 12 years was received at Kanjhawala police station on August 27, following …

6 months, 3 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 …

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 …

8 months, 1 week ago

Rajasthan High Court Grants Bail To Rape Accused After Prosecutrix Claims She Concocted Case To 'Get Rid Of Husband'

Live Law

The Rajasthan High Court has granted bail to an accused charged for rape under IPC as well as POCSO Act, primarily looking at a representation made by the prosecutrix to the Superintendent of Police that revealed that the rape case was merely a façade created by her to malign her own image so that her husband abandons her. For this …

8 months, 2 weeks ago

No financial settlement in sexual abuse cases: Delhi High Court

New Indian Express

NEW DELHI: In a significant stance against the commercialisation of justice, the Delhi High Court has declared that cases involving allegations of sexual violence cannot be terminated through financial settlements. This observation came as the High Court declined to quash an FIR registered under Section 376 of the Indian Penal Code. Justice Swarna Kanta Sharma, while deliberating on the case, …

9 months, 2 weeks ago

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case

New Indian Express

Apart from the compensation of Rs 10.5 lakh, the court also imposed a fine of Rs 15,000 on the accused. The prosecution had established that the child was a victim of circumstances who was forced into marriage by her maternal grandmother who was the only one in her family to sustain the living. As per the victim’s statement, she was …

9 months, 3 weeks ago

Woman allegedly raped by childhood friend in Patna, accused at large: Police

Hindustan Times

A woman was allegedly raped by her childhood friend in Patna’s Gandhi Maidan area on Monday, police said. The accused was identified, and the matter came to light after an FIR was filed on Wednesday by the woman at the Gandhi Maidan police station. According to the woman, she along with her husband had come to her maternal uncle’s house …

10 months, 2 weeks ago

Minor's Sexual Assault Case: SC Refuses Bail To Wife Of Suspended Delhi Govt Officer

News 18

The Supreme Court on Thursday refused to grant bail to the wife of suspended Delhi government officer Premoday Khakha, who allegedly raped a minor girl several times and impregnated her. A bench of justices C T Ravikumar and S V N Bhatti dismissed the plea of the official’s wife Seema Rani and said it was not inclined to interfere with …

11 months ago

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

Hindustan Times

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

11 months, 2 weeks ago

Rajasthan Judicial Magistrate Booked For Allegedly Asking Rape Survivor To Strip In Court And Show Her Injuries

Live Law

An FIR has been lodged against a Judicial Magistrate in Rajasthan alleging that he asked a Dalit gang rape survivor to strip in the court to show her injuries. According to Hindustan Times, the survivor had filed a complaint on March 30 alleging that the Hindaun Court Magistrate Ravindra Kumar “asked her to strip in order to see her injuries.” …

1 year, 1 month ago

Have Deleted Tweet Disclosing Identity Of Minor Rape Victim: Rahul Gandhi To Delhi High Court

Live Law

Congress leader Rahul Gandhi on Wednesday told the Delhi High Court that he has taken down his tweet allegedly disclosing the identity and sensitive details about the minor girl, who was raped and murdered in 2021.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was also informed by the counsel appearing for X, formerly Twitter, …

1 year, 3 months ago

11 years of Nirbhaya case: Cop narrates how Delhi Police nabbed rapists

Hindustan Times

The Nirbhaya rape case left the entire country shocked at the horrific nature of the crime. People protest against the impending release of juvenile accused in Nirbhaya case, at Jantar Mantar, New Delhi, on November 21, 2015. 11 years after the horrific crime, IPS officer Chhaya Sharma, who was in charge of the case, recalled how the Delhi Police ended …

1 year, 5 months ago

Delhi HC Refuses Anticipatory Bail To Kids Of Suspended Officer In Minor's Sexual Assault Case

ABP News

The Delhi High Court on Wednesday refused to grant anticipatory bail to the daughter and son of suspended state government officer Premoday Khakha in connection with a case of alleged sexual assault of a minor girl by the arrested official. After the duo, who have been accused of abetting the crime, failed to secure relief from trial court had approached …

1 year, 5 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 …

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 …

1 year, 7 months ago

Delhi govt official accused of raping, impregnating deceased friend’s minor daughter detained with wife

Firstpost

Chief Minister Arvind Kejriwal, on Monday, sacked Khakha who worked as a deputy director in the Women and Child Development department in the Delhi government Senior Delhi government official Premoday Khakha has been detained by the Delhi Police for allegedly raping and impregnating his deceased friend’s minor daughter for several months. pic.twitter.com/WN7YSqEi5E — ANI August 21, 2023 Earlier in the …

1 year, 7 months ago

Rape Victims Be Taken To Hospital For MTP Within 24 Hours Even When Gestation Period Less Than 20 Weeks: Delhi High Court

Live Law

The Delhi High Court on Wednesday issued various guidelines to be followed by the doctors and the Delhi Police while dealing with cases of medical termination of pregnancy of victims of rape.Justice Swarana Kanta Sharma directed that where an order for medical termination of pregnancy has been passed, the Delhi Police’s Investigating Officers must produce the victim before the. The …

1 year, 8 months ago

Disturbing Pattern Emerging Where Accused Marries Rape Victim To Evade Criminal Charges, Abandons Her Once FIR Is Quashed: Delhi High Court

Live Law

The Delhi High Court has said that a disturbing pattern is emerging where in certain instances, the accused marries the rape victim to evade criminal charges and promptly abandons her once the FIR is quashed or bail is secured. "Shockingly, numerous cases have come to light where the accused deceitfully enters into a marriage under the guise of willingness, particularly …

1 year, 9 months ago

Delhi High Court Rejects Bail Plea Of Teacher Accused Of Raping His Student

Live Law

The Delhi High Court has rejected the bail plea of a teacher who has been accused of repeatedly raping his minor student and threatening to make video-recording of it viral. “The court cannot also ignore the fact that since the petitioner and the prosecutrix were interacting as teacher and student, the alleged offence, if it comes to be proved during …

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 …

1 year, 11 months ago

3.5 Yrs Old Girl Not Introduced To Own Organs, Not Expected To Give Exact Description Of Private Parts, Identify Accused From Photo: Bombay High Court

Live Law

Observing that a three-year-old child cannot be expected to give an exact description of her private parts or identify the accused based on a photograph, the Bombay High Court upheld the 10 -year sentence of the child’s neighbour under the Protection of Children from Sexual Offences Act. “A little girl of 3 ½ years who is not even introduced to …

2 years ago

Row Over Rahul Gandhi's 'Rape' Remark: Are We Forgetting the Real Problem Here?

The Quint

Sample these: As per a July 2018 report, the Gujarat High Court had to remind the state government that it was “duty bound” to carry out a satisfactory probe in an abduction and gangrape case. The survivor also accused a senior police official of threatening her during the questioning, as well as of asking inappropriate questions. Shortly afterwards, the Ahmedabad …

2 years, 2 months ago

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

Live Law

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

2 years, 3 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 …

2 years, 5 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 …

2 years, 5 months ago

Cousin among 3 minors who gang-raped 10-year-old Delhi boy and left him for dead

India Today

In the sexual assault case of a 10-year-old boy in northeast Delhi, the police apprehended two minors in a brutal assault in the Seelampur area. Sources said that the boy was sexually assaulted by three minors and one of them was his cousin. After extensive counselling, the minor's mother informed the police that her child was physically assaulted and sodomized …

2 years, 7 months ago

East Delhi gang rape: Court denies bail to accused man

Hindustan Times

A Delhi court has denied bail to an accused in the January gang-rape and torture of a 21-year-old woman in east Delhi’s Shahdara, saying it was “serious and heinous offence committed with not just illegality but with a brutal and perverted mentality”. Additional sessions judge Amitabh Rawat rejected the contention of the accused that his name was not mentioned in …

2 years, 8 months ago

Merely Because Sexual Abuse Results In Tying Of Knot Between Victim & Accused Or Birth Of Child Does Not Mitigate Act Of Rape: Delhi High Court

Live Law

The Delhi High Court has observed that merely because an act of sexual abuse results in tying of knot between the victim and the accused or in birth of a child, it does not mitigate the act of rape. It added that the consent of a minor is immaterial and inconsequential in law.Justice Anoop Kumar Mendiratta also added that the …

2 years, 9 months ago

Allahabad High Court Denies Bail To HC Advocate Accused Of Raping Law Student

Live Law

The Allahabad High Court on Thursday denied bail to an HC advocate, who has been accused of sexually and physically assaulting a Law Student for a substantial long period.Taking into account the allegations against Advocate-Accused Rajkaran Patel, the Bench of Justice Samit Gopal observed thus:"The prosecutrix was junior in the office of the applicant. The Allahabad High Court on Thursday …

2 years, 11 months ago

Nadia rape case: Didn't threaten victim's family, will cooperate with CBI, says witness

India Today

A witness told India Today that the minor in the Nadia rape case was feeling unwell while returning home from the TMC leader's son's house. As India Today digs deep into the alleged gang rape and murder case of a minor girl in West Bengal's Nadia. READ | Silence shrouds Bengal village as Nadia rape victim's family lives in fear …

2 years, 11 months ago

No Marks Of Violence On Any Part Of Body, Accused Entitled To Benefit Of Doubt: Calcutta HC Sets Aside Conviction For Rape

Live Law

The Calcutta High Court has recently set aside the conviction for the offence of rape under Section 376 of the IPC after observing that since no marks of injury had been found on the body or private parts of the victim, the allegation of 'forcible rape' is not sustainable. Justice Bibek Chaudhuri noted that the victim had been examined by …

3 years ago

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

Live Law

The Calcutta High Court has recently observed that a delay of a few hours in lodging of the FIR by a victim of gang rape will not vitiate the prosecution case since it is natural for the victim to remain disoriented and confused after having gone through such a traumatic experience thereby justifying such a delay. A Bench comprising Justice …

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2 days, 2 hours ago

Demands for SC to act against Allahabad HC judge who sparked public outrage in ‘attempt to rape’ case

The Hindu

An Allahabad High Court judge’s recent observation that a man allegedly grabbing an 11-year-old girl’s breasts, breaking her pyjama strings, and dragging her under a culvert is not enough to charge him with ‘attempt to rape’ has sparked widespread outrage and calls for the Supreme Court’s intervention. ‘Injustice’ National Human Rights Commission member Priyank Kanoongo said the ruling was unjust …

India Justice Court Rape

2 days, 5 hours ago

Kerala HC seeks details of medical facilities provided in prisons

The Hindu

The Kerala High Court on Thursday directed the State government to inform the court of the medical facilities made available to convicts and other prisoners in prisons in the State. The court directed the government to clarify whether expert treatment was provided in emergency cases and whether jail authorities could send prisoners for specialised medical treatment, if needed. The court …

State Seeks Details Court Directed

Attempt to malign me, says Aaditya Thackeray as BJP seeks arrest in Disha Salian case

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2 days, 9 hours ago