Can’t Quash Rape Charges On Mere Somersault By Complainant: Delhi HC [Read Judgment]
8 years, 2 months ago

Can’t Quash Rape Charges On Mere Somersault By Complainant: Delhi HC [Read Judgment]

Live Law  

It is to be ascertained during trial as to how and in what circumstances, the prosecutrix denied her earlier version or whether it was due to some threats or pressure, the court said.The Delhi High Court has refused to quash rape charges against a person, observing that it cannot do so on a mere somersault by the complainant.Weeks after she lodged an FIR against a person accusing him of rape,. It is to be ascertained during trial as to how and in what circumstances, the prosecutrix denied her earlier version or whether it was due to some threats or pressure, the court said. The Delhi High Court has refused to quash rape charges against a person, observing that it cannot do so on a mere somersault by the complainant. It would not be safe to consider the subsequent changed version to quash the FIR/charge sheet, particularly when all attempts of the petitioner to seek anticipatory bail proved futile,’ the court said.

Delhi Court Rape Fir Prosecutrix Rape Charges Some Threats Mere Somersault Quash Rape Charges Her Earlier Version  quash  hc  delhi  court  earlier  threats  judgment  pressure  somersault  statement  mere  charges  read  complainant  rape  person  version  prosecutrix

History of this topic

Would Send Wrong Signals To Society: Delhi High Court Denies Anticipatory Bail To Film Director Accused Of Rape, Clicking Obscene Pics
5 days, 6 hours ago

Would Send Wrong Signals To Society: Delhi High Court Denies Anticipatory Bail To Film Director Accused Of Rape, Clicking Obscene Pics

Live Law  

Refusing anticipatory bail to a rape accused, the Delhi High Court observed that granting anticipatory bail in a case where a film direction allegedly allured the victim on the pretext of making her a heroine and then sexually exploited her, would send wrong signals across the society. This is a case of anticipatory bail, sought by a film director, who …

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today
1 week, 1 day ago

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today

Hindustan Times  

NEW DELHI: The Supreme Court on Tuesday initiated proceedings on its own motion against a controversial judgment delivered by the Allahabad high court on March 17 regarding what constitutes an attempt to rape. In her letter, Gupta expressed grave concern over the judgment, stating: “The interpretation by the judge is grossly erroneous, his approach on the subject is insensitive, irresponsible, …

Delhi HC dismisses man’s plea to quash rape case, says he’s victim blaming
Trending News
1 week, 2 days ago

Delhi HC dismisses man’s plea to quash rape case, says he’s victim blaming

Hindustan Times  

The Delhi high court has condemned a man’s attempt to quash a rape case by claiming that the woman was “obsessed” with him and had unilaterally desired marriage. While refusing to quash the FIR, a bench of justice Swarana Kanta Sharma—whose verdict was delivered on March 20 and released later—said a woman’s decision to enter a relationship based on a …

SC Refuses To Hear Plea Against Allahabad HC's 'Grabbing Breasts Not Rape Attempt' Ruling
Trending News
1 week, 3 days ago

SC Refuses To Hear Plea Against Allahabad HC's 'Grabbing Breasts Not Rape Attempt' Ruling

ABP News  

The Supreme Court on Monday refused to entertain a plea against the Allahabad High Court ruling, which stated that grabbing minors' breasts, breaking pyjama string and dragging her beneath a culvert is not a crime of rape. The counsel appearing on behalf of the petitioner began his submission by stating something related to the “Beti Bachai Beti Padhao scheme” before …

Can't Use S.482 CrPC To 'Short Circuit' Prosecution: Delhi HC Refuses To Quash FIRs Against Woman's Kin Accused Of Outraging Her Modesty
1 week, 6 days ago

Can't Use S.482 CrPC To 'Short Circuit' Prosecution: Delhi HC Refuses To Quash FIRs Against Woman's Kin Accused Of Outraging Her Modesty

Live Law  

While hearing petitions seeking quashing of FIRs filed by a relative of the accused, the Delhi High Court observed while exercising jurisdiction under Section 482 CrPC the high court would not normally determine whether evidence is reliable as that is the Trial Court's function. Justice Neena Bansal Krishna made these observations while dealing with petitions seeking quashing of FIR under …

HC quashes FIR against KTR
2 weeks ago

HC quashes FIR against KTR

The Hindu  

Justice K. Lakshman of Telangana High Court on Wednesday quashed a criminal case against BRS working president and MLA K.T. Rama Rao, registered over the latter’s alleged objectionable comments made through social media platform X against Chief Minister A. Revanth Reddy. Though punishment for the alleged offence was imposition of fine, the investigating officer approached the Magistrate, secured permission, and …

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court
3 weeks ago

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court

Live Law  

The Delhi High Court has recently observed that a writ petition filed under Article 226 of Constitution of India seeking quashing of an FIR cannot serve as a substitute for availing remedies specifically provided under the Bharatiya Nagarik Suraksha Sanhita, 2023, for securing personal liberty.Justice Sanjeev Narula made the observation while dismissing a plea moved by an accused in an. …

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape
3 weeks, 1 day ago

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Live Law  

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded …

HC quashes rape charges against 61-year-old American citizen of Indian origin
1 month ago

HC quashes rape charges against 61-year-old American citizen of Indian origin

Hindustan Times  

MUMBAI: The Bombay High Court on Friday quashed criminal charges against a 61-year-old American citizen of Indian origin, who was accused of raping a 47-year-old married woman at his Thane flat after they met on a dating app. HC quashes rape charges against 61-year-old American citizen of Indian origin A division bench comprising Justices MS Sonak and Jitendra Jain delivered …

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail
1 month ago

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail

Live Law  

The Supreme Court today, while refusing to quash the FIR against former Gujarat IAS Officer Pradeep Sharma for allegedly misusing official position to pass unduly favourable orders in a land dispute, granted him anticipatory bail. Thus Sharma was allegedly “acting against the interest of the Government and with a view to unduly favour the allottees, had passed the order with …

Supreme Court quashes chargesheet against former Army officer in rape case
1 month, 1 week ago

Supreme Court quashes chargesheet against former Army officer in rape case

The Hindu  

The Supreme Court on Tuesday quashed a chargesheet against a former Army officer in an alleged rape case saying it was an "abuse of process of law". Mr. Dubey said seven FIRs against nine different people, including the petitioner, at seven different police stations, were registered at her instance in the last eight years. "Petitioner is a 63-year-old decorated officer …

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim’s identity
1 month, 1 week ago

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim’s identity

The Hindu  

The Delhi High Court has declined to quash an FIR against AAP MP Swati Maliwal for allegedly disclosing the identity of a 14-year-old rape victim who succumbed to her injuries. The court said Ms. Maliwal’s claim that she was protected from prosecution as her actions were “in good faith” would have to be proved at an appropriate stage and there …

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity
1 month, 1 week ago

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity

Hindustan Times  

New Delhi, The Delhi High Court has refused to quash an FIR against A MP Swati Maliwal for allegedly disclosing the identity of a 14-year-old rape victim who succumbed to injuries. Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity Justice Neena Bansal Krishna said Maliwal's claim that she was protected from prosecution as her …

Delhi High Court Refuses To Quash 2016 FIR Against Former DCW Chief Swati Maliwal For 'Naming' 14-Yr-Old Rape Victim
1 month, 2 weeks ago

Delhi High Court Refuses To Quash 2016 FIR Against Former DCW Chief Swati Maliwal For 'Naming' 14-Yr-Old Rape Victim

Live Law  

The Delhi High Court has recently refused to quash FIR registered in 2016 against Rajya Sabha MP and former Delhi Commission for Women Chief for allegedly revealing the identity of a 14-year-old rape victim. Justice Neena Bansal Krishna refused to quash the FIR which was initially registered for the offence under Section 228A of Indian Penal Code, 1860, which prohibits …

Madras High Court dismisses Seeman’s plea to quash rape case
1 month, 2 weeks ago

Madras High Court dismisses Seeman’s plea to quash rape case

The Hindu  

The Madras High Court on Monday dismissed a petition filed by Naam Tamilar Katchi chief coordinator S. Seeman, 57, in 2023 to quash a rape case registered against him by the Valasaravakkam police in Chennai years ago, on the basis of a complaint lodged by an actor. Justice G.K. Ilanthiraiyan refused to quash the First Information Report, registered on the …

A Minor Rape Survivor In Our Country Would Rather Suffer Silently Than Falsely Implicate Someone: Allahabad High Court
1 month, 4 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 …

Delhi court grants anticipatory bail to rape accused, notes offence not reported 'in time'
2 months, 3 weeks 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 …

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty
2 months, 3 weeks ago

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty

Live Law  

The Bombay High Court recently refused to quash a First Information Report lodged against a man by his estranged wife, for outraging her modesty. A division bench of Justices Ravindra Ghuge and Rajesh Patil refused to quash a FIR lodged with the Kasturba Sub Police Station in Malvani, Mumbai, under sections 354, 506 and 323 lodged against the husband by …

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty
2 months, 3 weeks ago

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty

Live Law  

The Bombay High Court recently refused to quash a First Information Report lodged against a man by his estranged wife, for outraging her modesty. A division bench of Justices Ravindra Ghuge and Rajesh Patil refused to quash a FIR lodged with the Kasturba Sub Police Station in Malvani, Mumbai, under sections 354, 506 and 323. A division bench of Justices …

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
2 months, 3 weeks ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends …

No Mother Would Help Her Son Commit Rape By Spiking Victim's Drink: Bombay High Court Quashes Case
3 months, 2 weeks 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. …

[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, 3 weeks 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 …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
3 months, 3 weeks 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 …

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males
3 months, 3 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 …

Bombay High Court quashes rape case against lawyer
4 months, 1 week ago

Bombay High Court quashes rape case against lawyer

India Today  

The Bombay High Court has quashed an FIR registered against a lawyer for rape, criminal intimidation and cheating that had been registered by his schoolmate who he was legally assisting. When the woman came back to Pune, she contacted the lawyer as she wanted to file legal proceedings against her estranged husband and secure a divorce. The lawyer claimed that …

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
5 months, 2 weeks ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

Bombay HC Quashes Rape Case Against Goa's Popular Musician, Says Victim Was 'Sufficiently Mature' To Understand Consequences Of Relationship
6 months, 3 weeks ago

Bombay HC Quashes Rape Case Against Goa's Popular Musician, Says Victim Was 'Sufficiently Mature' To Understand Consequences Of Relationship

Live Law  

The Bombay High Court while quashing a First Information of Report lodged against a popular musician at Goa for allegedly raping a woman on the false promise of marriage, observed that the woman was 'sufficiently mature' to understand the consequences of such a 'consensual' relationship.A division bench of Justices Makarand Karnik and Valmiki Menezes noted that the complainant in the. …

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court
8 months ago

Shocked that someone was assaulted at Delhi CM’s house: Supreme Court

Hindustan Times  

The Supreme Court on Thursday questioned the conduct of Delhi chief minister Arvind Kejriwal’s political aide Bibhav Kumar in a case of alleged assault of Rajya Sabbha member Swati Maliwal and said it was shocked by the manner in which the incident took place at the chief minister’s residence, even as it issued notice on Kumar’s bail plea and listed …

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

No financial settlement in sexual abuse cases: Delhi High Court
9 months 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, …

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable
9 months, 3 weeks ago

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable

Live Law  

The Madhya Pradesh High Court has recently quashed a FIR registered for rape and criminal intimidation since the prosecutrix's version that she was forcefully raped repeatedly did not instil confidence in the context of her marriage with the accused. The single-judge bench of Justice Vishal Dhagat held that the prosecutrix's failure to lodge a FIR despite repeated acts of alleged …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
9 months, 4 weeks ago

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Live Law  

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution. Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who …

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
10 months 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 …

Rape FIR against married man quashed after he promises never to contact woman
1 year ago

Rape FIR against married man quashed after he promises never to contact woman

India Today  

An FIR for rape against a married man has been quashed by the Bombay High Court after the woman told the court, "The relationship was of a consensual nature. The bench of Justices PD Naik and NR Borkar heard a plea filed by the accused against whom an FIR was registered on February 3, 2024, at the Lonavala Police Station …

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
1 year, 2 months ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

Can women be accused of rape? Supreme Court to examine
1 year, 4 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 …

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations
1 year, 7 months ago

​Karnataka HC quashes case against Nadda, says 'reckless registration of crime' based on absurd allegations

India TV News  

The Karnataka High Court has quashed the criminal proceedings in a case against BJP national president JP Nadda in connection with an election speech ahead of the Assembly polls in May, and called it a “reckless registration of crime." A complaint was lodged by an election officer at the Harapanahalli police station on May 9 under Section 171F, alleging that …

Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court
1 year, 8 months ago

Accused Not Filing Petition To Quash FIR/Chargesheet Has No Relevance In Deciding Bail Application : Supreme Court

Live Law  

The Supreme Court, while granting bail to human rights activist Teesta Setalvad, observed that the accused not filing an application for quashing the FRI/Chargesheet is not a relevant consideration for deciding bail application. A bench comprising of Justices BR Gavai, AS Bopanna and Dipankar Datta, while quashing the Gujarat High Court's order denying her bail, took specific note of the …

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

Chargesheet Filed Against Brij Bhushan
1 year, 9 months ago

Chargesheet Filed Against Brij Bhushan

Deccan Chronicle  

NEW DELHI: Wrestling Federation of India chief Brij Bhushan Sharan Singh is charged with sexual harassment and stalking in the Delhi police chargesheet filed on Thursday after sustained protests by the country's top wrestlers. The 1,500-page chargesheet was filed eight days after the protesting wrestlers met Union sports minister Anurag Thakur at his Delhi residence, wherein the minister assured Sakshi …

Delhi HC issues notice to police on Sharjeel Imam’s plea for quashing of chargesheet against him for his seditious speeches delivered at Jamia in 2019
1 year, 10 months ago

Delhi HC issues notice to police on Sharjeel Imam’s plea for quashing of chargesheet against him for his seditious speeches delivered at Jamia in 2019

Op India  

The Delhi High Court on Friday issued notice to Delhi Police on a plea moved by Sharjeel Imam challenging trial court proceedings against him in two cases for one speech delivered in Jamia Milia Islamia on December 13, 2019. An FIR was registered against Sharjeel Imam under sections related to ‘sedition’ and ‘promoting enmity between groups’ under IPC at Police …

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 …

Bombay HC unwilling to quash rape case against Bhushan Kumar despite complainant's consent
1 year, 11 months ago

Bombay HC unwilling to quash rape case against Bhushan Kumar despite complainant's consent

India Today  

The Bombay High Court on Wednesday expressed its disinclination to quash an FIR of rape registered against T-series owner Bhushan Kumar and observed that merely because the complainant was consenting to quash the case does not mean that it should be quashed. The bench of Justices AS Gadkari and PD Naik were hearing Kumar's plea to quash the FIR registered …

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

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court
2 years, 1 month ago

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court

Live Law  

The Kerala High Court recently refused to quash an FIR against a man accused of attempt to murder under Section 307 of the Indian Penal Code, 1860 despite the dispute being settled between the accused and the de facto complainant. The first petition was for quashing the FIR filed against him and the second petition was to quash the order …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
2 years, 1 month ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

'Loss of Human Life Cannot Be Forgotten': Punjab And Haryana HC Refuses to Quash FIR in Culpable Homicide Case
2 years, 2 months ago

'Loss of Human Life Cannot Be Forgotten': Punjab And Haryana HC Refuses to Quash FIR in Culpable Homicide Case

News 18  

While refusing to quash an FIR in a culpable homicide case on the basis of an amicable settlement between the parties, the Punjab and Haryana High Court recently observed that the loss of human life cannot be ignored or forgotten from the mind. Their counsel apprised the court that the parties had reached an amicable settlement vide the compromise deed …

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC
2 years, 2 months ago

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

Live Law  

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 of CrPC in an FIR registered under section 376 of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of …

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

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 …

Discover Related