'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 petitioner cannot become a ground for transfer of cases to POCSO courts even though the offence does not involve provisions of POCSO Act”. “This would create a precedent which would open floodgates where all cases being tried for offences under section 376 IPC would be required to be transferred to special courts dealing with POCSO and/or presided by a woman judge,” it said. The high court said even though this may be ideally desirable in the overall administration of justice, as stated by the Supreme Court, at this stage when no such directions have been passed on the administrative or judicial side for a carte blanche mandate, a transfer may potentially create difficulties in administration of justice, allocation and preservation of jurisdictions.

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History of this topic

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court
4 days ago

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court

India TV News  

Grabbing minor's breasts, breaking pyjama's string not attempt to rape: Allahabad High Court The Allahabad High Court was hearing a case of an 11-year-old girl who was sexually assaulted by two men in Uttar Pradesh in 2021. Grabbing a minor girl's breasts, breaking her pyjama strings and trying to drag her beneath the culvert does not constitute rape or an …

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases
2 weeks, 5 days ago

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases

Live Law  

The Supreme Court recently quashed all criminal proceedings in a rape case against a former Indian Army officer, Rakesh Walia, after finding the complaint to be unbelievable.The Court found that the complaint was nothing but an "abuse of the process of law", because apart from her statements, there was no evidence on record. The Supreme Court recently quashed all criminal …

'Country's Image Tarnished' : Patna High Court Raps State Police Over 'Lethargic' Approach In US Minor's Sexual Abuse Case
1 month ago

'Country's Image Tarnished' : Patna High Court Raps State Police Over 'Lethargic' Approach In US Minor's Sexual Abuse Case

Live Law  

The Patna High Court on Monday came down heavily on the Bihar Police for its “lethargic and lackadaisical” approach in handling the sexual abuse case of a 13-year-old foreign national, stating that the role of the police authority in the matter had “tarnished the image of the country where protection of justice, social, political and economic was granted in the …

Need to demarcate rape from consensual relationship gone sour: Delhi high court
Trending News
1 month, 1 week ago

Need to demarcate rape from consensual relationship gone sour: Delhi high court

Hindustan Times  

Granting bail to a man, the Delhi high court on Monday observed that there should be distinction between rape and a consensual relationship going sour. The Delhi high court Justice Neena Bansal Krishna observed that while it was the duty of the legislature and the executive to enact and implement laws for safety and well-being of women in the workforce, …

Woman's consent for sex doesn't extend to filming private moments, posting on social media: Delhi HC
Top News
2 months ago

Woman's consent for sex doesn't extend to filming private moments, posting on social media: Delhi HC

India TV News  

Consent to have sex doesn't allow capturing private moments and posting them on social media, Delhi High Court observed while dismissing the bail application by a rape accused who allegedly sexually exploited a married woman and leaked private images. 'Consent to engage in physical relations does not extend to misuse' "Even if the consent for sexual relations had been given …

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 …

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, 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 …

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 …

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 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 …

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 …

Delhi HC Flags Rising Kidnapping Cases Of Minor Girls Subjected To Sexual Assault Under Guise Of Marriage, Forced To Abandon Studies
1 year, 3 months ago

Delhi HC Flags Rising Kidnapping Cases Of Minor Girls Subjected To Sexual Assault Under Guise Of Marriage, Forced To Abandon Studies

Live Law  

The Delhi High Court has flagged rising incidents of kidnapping of minor girls, who are subjected to sexual assault under the guise of marriage, as a result of which they are forced to abandon studies and denied opportunity to pursue careers. Justice Swarana Kanta Sharma said that when a girl is forced to abandon her education due to such incidents, …

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 …

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court
1 year, 7 months ago

POCSO Act Is Gender Neutral, Misleading To Argue ‘It Is Gender-Based Legislation And Is Being Misused’: Delhi High Court

Live Law  

The Delhi High Court has observed that the Protection of Children from Sexual Offences Act, 2012, is a gender-neutral legislation and that it is insensitive to argue that the law is being misused.While dealing with a POCSO case where the accused submitted that the enactment is a gender-based law and therefore is being misused, Justice Swarana Kanta Sharma said:“To say …

DC Edit | Sexual predators must face full might of the law
1 year, 10 months ago

DC Edit | Sexual predators must face full might of the law

Deccan Chronicle  

India’s highly decorated wrestlers had to approach the Supreme Court before an FIR was registered by the Delhi Police against a person accused of being a sexual predator. The conclusion is simple enough — no matter how powerful politically and rich, those accused of sexual harassment of either women or men must face the charges in a court. It is …

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence
1 year, 11 months ago

Incomprehensible For A Child To Understand Sexual Act, Can’t Be Tutored: Madras High Court Upholds Rape Conviction, Enhances Sentence

Live Law  

While upholding the conviction of a man for sexually assaulting a minor child, the Madras High Court said that a child who is a victim of sexual assault, cannot be tutored to give evidence since it is incomprehensible for a child to understand a sexual act. Justice Anand Venkatesh noted that a child witness would broadly fall under two categories- …

Delhi trial for rape, bigamy in Afghanistan
1 year, 11 months ago

Delhi trial for rape, bigamy in Afghanistan

Hindustan Times  

A Delhi court has ruled that an Army Major can be tried in an Indian court under alleged charges of bigamy and rape that he had allegedly committed when he was posted in Afghanistan. Metropolitan Magistrate Sonika of Karkardooma District Court cited a Delhi high court order to establish that an Indian court has the jurisdiction to conduct the trial …

Madras High Court Transfers Criminal Defamation Case Against Filmmaker Leena Manimekalai To Different Magistrate, Says Decide Within 3 Months
1 year, 11 months ago

Madras High Court Transfers Criminal Defamation Case Against Filmmaker Leena Manimekalai To Different Magistrate, Says Decide Within 3 Months

Live Law  

The Madras High Court recently ordered the transfer of a criminal defamation case against filmmaker Leena Manimekalai from a Metropolitan Magistrate Court to a different court within Saidapet. Justice G Chandrasekharan noted that the magistrate had committed two procedural violations — the court had received proof affidavits of witnesses instead of examining the witnesses under oath in the open court …

Issue of consent in sexual assault cases needs scrutiny: Delhi high court
2 years ago

Issue of consent in sexual assault cases needs scrutiny: Delhi high court

Hindustan Times  

New Delhi: The issue of consent needs close scrutiny by constitutional courts for analysis of any sexual assault offences, the Delhi high court said on Monday while upholding the exoneration of a man for allegedly raping a married woman for 12 years and having two children with her. The Delhi high court said the issue of consent needs scrutiny by …

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 …

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks
2 years, 1 month ago

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks

The Hindu  

In a significant judgment allowing a minor rape victim to terminate her 25-week pregnancy, the Delhi High Court has also issued guidelines for investigating officers in all cases where a victim is pregnant due to sexual assault, and the pregnancy has crossed 24 weeks. “In case a minor victim is examined by such Board, appropriate report will be placed before …

Sexual Harassment Allegations Against Ex-Judge : Supreme Court Asks If It Is Necessary To Go On With Defamation Suit
2 years, 2 months ago

Sexual Harassment Allegations Against Ex-Judge : Supreme Court Asks If It Is Necessary To Go On With Defamation Suit

Live Law  

While hearing a petition moved by a woman in 2014 seeking transfer of a defamation suit filed by a former judge of the Supreme Court from Delhi High Court, the Supreme Court, on Monday, raised a query whether it is necessary to go on with the defamation suit. The former judge had filed the defamation suit against the woman in …

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

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 …

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court
2 years, 5 months ago

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court

Live Law  

Observing that offences against minors, especially sexual assault, are increasing alarmingly, the Delhi High Court on Tuesday stressed that it is necessary for the courts to "imbibe the legislative wisdom" behind enactment of the Protection of Children Against Sexual Offences Act. Observing that rape is a heinous crime which is abhorrent not only as against the victim but also against …

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict
2 years, 6 months ago

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict

Deccan Chronicle  

NEW DELHI: The Supreme Court Friday said it would hear on September 16 the pleas arising out of the Delhi High Court's split verdict on the issue of criminalisation of marital rape. Justice Rajiv Shakdher, who headed the division bench of the high court, had favoured striking down the marital rape exception and said it would be tragic if a …

Delhi High Court refuses to quash FIR against a man on molestation allegations
2 years, 6 months ago

Delhi High Court refuses to quash FIR against a man on molestation allegations

Firstpost  

The accused had to resign from his lucrative job in the United Nations following the complainant’s letter to his organisation New Delhi: The Delhi High Court has refused to quash an FIR against a man on molestation allegations and directed that the woman will have to pay damages to the accused in case he is acquitted by the trial court. …

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 …

SC to hear Unnao rape survivor’s plea for transfer of ‘counter case’ from UP to Delhi
2 years, 7 months ago

SC to hear Unnao rape survivor’s plea for transfer of ‘counter case’ from UP to Delhi

The Hindu  

The Supreme Court on Tuesday agreed to list next week for hearing a plea of the Unnao rape survivor seeking transfer of a criminal case filed by the father of one of the accused in her sexual assault case, from a trial court in Uttar Pradesh to Delhi. A Delhi court had in December 2019 sentenced expelled former BJP MLA …

Unnao rape survivor moves Supreme Court to transfer case to Delhi
2 years, 7 months ago

Unnao rape survivor moves Supreme Court to transfer case to Delhi

Hindustan Times  

The Unnao rape survivor has moved the Supreme Court seeking the transfer of a criminal case filed by the father of one of the accused in her sexual assault case from a trial court in Uttar Pradesh to Delhi. The Unnao rape survivor has moved the Supreme Court seeking the transfer of a criminal case filed by the father of …

Unnao Rape Survivor Moves Supreme Court Seeking Transfer Of Case Against Her To Delhi
2 years, 7 months ago

Unnao Rape Survivor Moves Supreme Court Seeking Transfer Of Case Against Her To Delhi

Live Law  

The Unnao rape survivor has moved a Transfer Petition in the Supreme Court of India seeking transfer of a counter case filed against her by the father of Shubham Singh, one of the accused men, facing trial in New Delhi for the gang rape of the minor petitioner. As an interim relief, the petitioner has sought a stay on a …

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
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 …

[Matrimonial Disputes] Allowing Fabricated Omnibus Allegations Against Entire Family May Lead To Further Misuse Of Process Of Law: Delhi High Court
2 years, 8 months ago

[Matrimonial Disputes] Allowing Fabricated Omnibus Allegations Against Entire Family May Lead To Further Misuse Of Process Of Law: Delhi High Court

Live Law  

The Delhi High Court has observed that allowing fabricated allegations against the entire family in matrimonial disputes may lead to further misuse of process of law. "If false implication by fabricated omnibus allegations against entire family in the course of matrimonial disputes and differences, is allowed, it may lead to further misuse of the process of law and assume serious. …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 10 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

Marital rape: Appeal filed in SC against Delhi HC’s split verdict
2 years, 10 months ago

Marital rape: Appeal filed in SC against Delhi HC’s split verdict

Hindustan Times  

NEW DELHI: An appeal has been filed in the Supreme Court against the Delhi High Court’s split verdict on a bunch of pleas seeking to criminalise marital rape. Khushboo Saifi moved the appeal through her counsel days after the high court last week gave the verdict while referring the matter to the Supreme Court for an authoritative decision. Both the …

Delhi High Court delivers split verdict on criminalising marital rape, issue to be taken up by a larger bench
2 years, 10 months ago

Delhi High Court delivers split verdict on criminalising marital rape, issue to be taken up by a larger bench

Firstpost  

During the hearing of criminalising marital rape in the Delhi High Court, Justice Rajiv Shakdher said that marital rape is violative of the Constitution, but Justice C Hari Shanker upheld the validity of Section 376B and 198B The Delhi High Court Wednesday delivered a split verdict on criminalising marital rape. During the hearing, Justice Rajiv Shakdher said that marital rape …

Delhi HC Delivers Split Verdict on Criminalising Marital Rape, Case Goes to Supreme Court Next
2 years, 10 months ago

Delhi HC Delivers Split Verdict on Criminalising Marital Rape, Case Goes to Supreme Court Next

News 18  

A two-judge bench of Delhi High Court pronounced split verdict on criminalising marital rape on Wednesday, leaving the law unchanged for now. Justice Rajiv Shakdher ruled in favour of criminalising marital rape while Justice Hari Shankar disagreed. The much-debated issue of criminalising marital rape will go to the Supreme Court now that the two-judge bench of the Delhi High Court …

Delhi High Court to pronounce verdict on pleas seeking criminalisation of marital rape today
2 years, 10 months ago

Delhi High Court to pronounce verdict on pleas seeking criminalisation of marital rape today

Firstpost  

The Delhi Court had on 21 February reserved its judgement on the petitions seeking to strike down the exception granted to husbands under the Indian rape law after conducting marathon hearings on the issue New Delhi: The Delhi High Court is scheduled to pronounce its verdict on a batch of pleas seeking the criminalisation of marital rape. A bench of …

'Penetration Even Of Slightest Degree Is Necessary To Establish Offence Of Rape': Calcutta HC Modifies Order Of Conviction To 'Attempt To Rape' In Case Concerning 11 Yr Old Girl
3 years ago

'Penetration Even Of Slightest Degree Is Necessary To Establish Offence Of Rape': Calcutta HC Modifies Order Of Conviction To 'Attempt To Rape' In Case Concerning 11 Yr Old Girl

Live Law  

The Calcutta High Court has recently observed that penetration even of the slightest degree is necessary to establish the offence of rape and accordingly held that the appellant should be convicted for the offence of attempt to rape instead of the offence of rape. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi was adjudicating upon a case wherein the …

HC refuses to grant more time to Centre to state stand on pleas to criminalise marital rape
3 years, 1 month ago

HC refuses to grant more time to Centre to state stand on pleas to criminalise marital rape

The Hindu  

The Delhi High Court Monday refused to grant further time to the Centre to make its stand clear on the issue of criminalising marital rape and reserved judgement on various pleas in the matter. In the meantime, counsel for parties may file their written submissions and compliations.” The court was dealing with a batch of petitions seeking to strike down …

Marital Rape: Delhi High Court Reserves Judgment In Petitions Challenging Exception To Sec. 375 IPC
3 years, 1 month ago

Marital Rape: Delhi High Court Reserves Judgment In Petitions Challenging Exception To Sec. 375 IPC

Live Law  

The Delhi High Court on Monday reserved it's judgment in a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape. Accordingly, in the affidavit, Centre stated that: "It is respectfully reiterated that if the matter which is pending …

Pained To Note Increasing Tendency Of Filing Rape Complaints Against Male Members Of Husband's Family In Matrimonial Cases: Delhi HC
3 years, 1 month ago

Pained To Note Increasing Tendency Of Filing Rape Complaints Against Male Members Of Husband's Family In Matrimonial Cases: Delhi HC

Live Law  

The Delhi High Court has recently said that it is pained to note the increasing tendency of filing rape complaints in matrimonial cases against male members of the husband's family, just to exert pressure. Justice Subramonium Prasad said:"This Court is pained to note that in matrimonial cases, there is an increasing tendency of filing such complaints for an offence under …

Leave It To Trial Courts To Decide How Marital Rape Is Proved : Colin Gonsalves To Delhi High Court
3 years, 1 month ago

Leave It To Trial Courts To Decide How Marital Rape Is Proved : Colin Gonsalves To Delhi High Court

Live Law  

The Delhi High Court on Friday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Senior Advocate Colin Gonsalves, representing one of the petitioners, argued before a bench of Justice Rajiv Shakdher and Justice C Hari …

Marital rape can’t be looked at from microscopic angle: Centre seeks time in Delhi HC
3 years, 1 month ago

Marital rape can’t be looked at from microscopic angle: Centre seeks time in Delhi HC

The Hindu  

The Centre on Monday told the Delhi High Court that the issue of criminalisation of marital rape involves “family issues” and the dignity of a woman and cannot be looked at from a “microscopic angle”. Solicitor General Tushar Mehta, appearing for the Centre, urged the High Court to allow a “reasonable time” to place the position of the government after …

[POCSO] 'Penetration Sufficient, Presence Of Semen Not Necessary': Delhi High Court Upholds Conviction Of Man For Raping 5 Yr Old
3 years, 2 months ago

[POCSO] 'Penetration Sufficient, Presence Of Semen Not Necessary': Delhi High Court Upholds Conviction Of Man For Raping 5 Yr Old

Live Law  

The Delhi High Court has upheld the conviction and sentence awarded to a man for raping a 5 year old minor victim in a POCSO case. The Court observed that penetration is sufficient in order to constitute an offence under Section 376 of IPC and Section 6 of the POCSO Act and that presence of the semen is not necessary. …

Delhi Court Convicts 3 Men For Outraging Modesty Of Lady bouncer, Says Mere Lackadaisical Investigation Cannot Affect Prosecution Case
3 years, 4 months ago

Delhi Court Convicts 3 Men For Outraging Modesty Of Lady bouncer, Says Mere Lackadaisical Investigation Cannot Affect Prosecution Case

Live Law  

A Delhi Court has convicted three men for outraging the modesty of a lady bouncer in a 2016 case after observing that mere defective or lackadaisical investigation cannot be the sole ground to throw away the prosecution's case. Principal District & Sessions Judge of Tis Hazari Courts, Dharmesh Sharma also observed that the prosecution was able to prove that the …

"False Claims Of Molestation, Rape Need To Be Dealt With An Iron Hand, Tragic That Practising Advocates Are Trivialising Rape": Delhi High Court
3 years, 7 months ago

"False Claims Of Molestation, Rape Need To Be Dealt With An Iron Hand, Tragic That Practising Advocates Are Trivialising Rape": Delhi High Court

Live Law  

Noting that there is an alarming increase in false claims pertaining to rape and other sexual offences, the Delhi High Court on Monday deprecated filing of false claims and allegations in such cases after observing that frivolous claims must be dealt with an iron hand. Further observing that there is an urgent need to deter such frivolous litigation, the Court …

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